Becton v. Social Security Administration et al

Filing 33

ORDER denying 32 Motion "Request for Repeal". Signed by District Judge James C. Dever III on 7/6/2020. Sent to Marie A. Becton at 915 Dandridge Dr. Fayetteville, NC 28303 via US Mail. (Sellers, N.)

IN nm UNITED STATES DISTRICT COURT
FOR nm EASTERN DISTRICT OF NORTII 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. l]. 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, Bectonmovedforentryof default [D.E.
14] and on October 31, 2017, for ~ummary judgment [D.E. 15]. On January 15, 2018, this court
denied Beeton's motion for entry ofdefault and motion for summaryjudgment [D.E. 17]. On March
13, 2018, Bectonmovedforrelief:from this court's judgment [D.E. 18]. On June 14, 2018, Becton
filed a notice of interlocutory appeal with the United States Court of Appeals 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 Beeton's appeal [D.E. 24, 25]. On November 20, 2018, Becton filed a petition

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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).

for a writ of certiorari to the United States Supreme Court [D.E. 27]. On February 19, 2019, the
United States Supreme Court denied Becton' s petition for a writ ofcertiorari [D.E. 28]. On February
3, 2020, Becton filed a petition for a writ of mandamus to the 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]. On March 27, 2020, this court denied Beeton's motion for a writ of mandamus
[D.E. 31 ]. On June 3, 2020, Becton filed a request for repeal [D.E. 32].
The court has reviewed the entire record. Plaintiff's motion [D.E. 32] is baseless and is
DENIED. The case remains closed.
SO ORDERED. This ____k_ day of July 2020.

. J S C. DEVER ID
United States District Judge

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