Walker-Goggins v. Social Security Administration
Filing
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ORDER that 16 Motion to Reconsider and 17 Motion for Injunctive Relief are DENIED. Signed by Judge James C. Mahan on 7/18/16. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ANNETTE WALKER-GOGGINS,
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Case No. 2:15-CV-1839 JCM (CWH)
Plaintiff(s),
ORDER
v.
SOCIAL SECURITY ADMINISTRATION,
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Defendant(s).
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Presently before the court is plaintiff’s motion for reconsideration of this court’s order
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adopting the magistrate judge’s recommendation to dismiss the complaint with prejudice. (ECF
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No. 16). Also before the court is plaintiff’s motion for injunctive relief. (ECF No. 17) Defendant
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has not filed a response and the deadline to do so has passed.
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Magistrate Judge Hoffman recommended that plaintiff be allowed to proceed in forma
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pauperis but that defendant’s complaint be dismissed with prejudice. Magistrate Judge Hoffman
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found that plaintiff’s complaint contained “incoherent, fanciful, and delusional claims and
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descriptions [that] do not state a claim upon which relief can be granted.” (ECF No. 8).
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Plaintiff filed an “objection” but did not object to any of the magistrate judge’s findings.
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Instead, plaintiff simply listed “appealed” next to the motions that Magistrate Judge Hoffman
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recommended denying after concluding that plaintiff’s complaint was frivolous. (ECF. No. 11).
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This court agreed with the magistrate judge’s findings and dismissed plaintiff’s complaint with
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prejudice. (ECF No. 13).
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James C. Mahan
U.S. District Judge
Plaintiff has now filed a motion to reconsider (ECF No. 16) and motion for injunctive
relief. (ECF No. 17).
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“Reconsideration is appropriate if the district court (1) is presented with newly discovered
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evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is
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an intervening change in controlling law.” Morgan Stanley & Co. v. Shriners Hosp. For Children,
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No. 2:09-cv-398, 2012 WL 642523, *2 (D. Nev. Feb. 28, 2012) (quoting School Dist. No. 1J v.
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AcandS, Inc., 5 F.3d 1255, 1263 (9th Cir.1993); see generally FED. R. CIV. P. 60(b)(1) and (6)
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(stating that a court may relieve a party from an order for “mistake, inadvertence, surprise, or
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excusable neglect” or “any other reason that justifies relief.”).
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In her motions for reconsideration and injunctive relief, plaintiff merely recites statements
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that she has included in previous motions. (ECF Nos. 16, 17). Plaintiff claims she “was instructed
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to reproduce *5th (fifth) time, the “Divorce Set Aside” of the holy matrimony of the victim Terry
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V Annette Walker, Superior Court The County of Muscogee, State of George Case No. SU 98DM
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2341-8.” (ECF No. 16). In 2009, she claims she submitted an SSI application but received an
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“unfavorable decision” because “her husband’s deemed income was too high for her to qualify….”
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(Id.). Consequently, plaintiff claims “The defendants Social Security Administration, Ms.
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Anderson, & State of Nevada * but not limited to have Obstructed Justice that has caused
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irreversible pain and suffering.” (Id.).
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Plaintiff’s motion provides this court with no newly discovered evidence nor has there been
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any intervening change in controlling law. Morgan Stanley, 2012 WL 642523 at *2. Having
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weighed plaintiff’s arguments on several occasions, there is no evidence that the order dismissing
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the complaint was a “clear error or . . . manifestly unjust.” Morgan Stanley, 2012 WL 642523 at
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*2. Furthermore, as plaintiff’s complaint has been dismissed with prejudice and judgment has been
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entered, her request for injunctive relief is in inappropriate. Therefore, plaintiff’s requests for
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reconsideration and injunctive relief are denied.
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James C. Mahan
U.S. District Judge
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Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion to
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reconsider (ECF No. 16) and motion for injunctive relief (ECF No. 17) be, and the same hereby
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are, DENIED.
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DATED July 18, 2016.
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__________________________________________
UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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