Becton v. Social Security Administration et al

Filing 31

ORDER denying 29 Motion for Writ of Mandamus. Signed by District Judge James C. Dever III on 3/27/2020. Sent to Marie A. Becton at 915 Dandridge Dr. Fayetteville, NC 28303 via US Mail. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DMSION
No. 5:17-CV-336-D
MARIE A. BECTON,

Plaintiff,

v.
ANDREW M. SAUL,
Commissioner of Social Security
Defendant.

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ORDER

On July 7, 2017, Marie Becton ("Becton" or ''plaintiff'') filed a complaint against the

Commissioner of Social Security1 ("Commissioner'' or "defendant") [D.E. 1]. Becton sought the
reversal of a survivor's benefit determination and $950,000.00 in damages. See id. at 5. On October
10, 2017, defendant moved to dismiss for lack of subject-matter jurisdiction under Federal Rule of
Civil Procedure 12(b)(l) [D.E. 12]. On October 17, 2017, Becton moved for entry of default [D.E.
14] and on October 31, 2017, for summary judgment [D.E. 15]. On January 15, 2018, this court
denied plaintiff's motion for entry of default and motion for ,mmmary judgment [D.E. 17]. On
March 13, 2018, Bectonmovedforrelieffrom this court's judgment [D.E. 18]. On June 14, 2018,
plaintifffiled a notice of appeal with the United States Court ofAppeals for the Fourth Circuit [D.E.
19]. On June 26, 2018, this court granted defendant's motion to dismiss and denied Becton' s motion
for relief [D.E. 22, 23]. On September 17, 2018, the Fourth Circuit affirmed this court's order and
dismissed plaintiff's appeal [D.E. 24, 25]. On November 20, 2018, plaintifffiled a petition for a writ

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Under Federal Rule of Civil Procedure 25(d), the court substitutes Andrew M. Saul for
Nancy A. Berryhill as Commissioner of Social Security. See Fed. R. Civ. P. 25(d).

of certiorari to the United States Supreme Court [D.E. 27]. On February 19, 2019, the United States
Supreme Court denied plaintiff's petition for a writ of certiorari [D.E. 28]. On February 3, 2020,
Becton filed a petition for a writ of mandamus to ~e United States District Court for the Eastern
District of North Carolina [D.E. 29]. On February 12, 2020, Becton supplemented her motion
[D.E. 30].
The court has reviewed the entire record. Plaintiff's motion [D.E. 29] is baseless and is
DENIED.
SO ORDERED. This t 1 day of March 2020.

J~sc~D~~'fmJudge
United States District

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