Zelesnik v. Commissioner of Social Security

Filing 6

DECISION AND ENTRY ADOPTING 4 REPORT AND RECOMMENDATIONS. This civil action is DISMISSED with PREJUDICE for failure to state a claim for relief. An appeal of this Order would not be taken in good faith and therefore Plaintiff is DENIE D leave to appeal in forma pauperis. This case is TERMINATED on the docket of this Court. Signed by Judge Timothy S. Black on 6/1/17. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
PAULA ZELESNIK,
Plaintiff,
vs.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

:
:
:
:
:
:
:
:
:
:

Case No. 1:17-cv-209
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4)
This case is before the Court pursuant to the Order of General Reference in the
United States District Court for the Southern District of Ohio Western Division to United
States Magistrate Judge Stephanie K. Bowman Pursuant to such reference, the
Magistrate Judge reviewed the pleadings filed with this Court and, on April 10, 2017,
submitted a Report and Recommendations. (Doc. 4). Plaintiff filed objections. (Doc.
5). 1

In the complaint, Plaintiff appears to request audio and video transcripts from a previous social
security application. Most of Plaintiff’s factual allegations are illogical and incomprehensible
and provide no factual content or context from which the Court can infer that Plaintiff is
appealing the denial of social security benefits. (See Doc. 4 at 3). In her objections, Plaintiff
simply states that in the paperwork she filed with the Court she “stated and wanted $5,000,000
for SSI and $500,000 for SSI.” (Doc. 5 at 1). Plaintiff’s statement does not remedy the fact that
for the Court to review the denial of social security disability benefits, Plaintiff must first obtain
a final decision by the Commissioner of Social Security pursuant to 20 C.F.R. § 405(g). Plaintiff
has not alleged any facts to support a finding that she has completed the required steps to obtain
judicial review. Accordingly, Plaintiff’s objections (Doc. 5) are OVERRULED.
1

As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
of the filings in this matter. Upon consideration of the foregoing, the Court does
determine that such Report and Recommendations should be and is hereby adopted in its
entirety.
Accordingly,
1. This civil action is DISMISSED with PREJUDICE for failure to state a claim
for relief;
2. Pursuant to 28 U.S.C. Section 1915(a), any appeal of this Order would not be
taken in good faith and therefore Plaintiff is DENIED leave to appeal in forma
pauperis; and
3. The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Date: ___________
6/1/17

_______________________
Timothy S. Black
United States District Judge

2