Collins v. Commissioner of Social Security

Filing 46

DECISION AND ENTRY adopting the Report and Recommendations of the United States Magistrate Judge (Doc. 44 ). Signed by Judge Timothy S. Black on 1/25/2023. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 1:18-cv-00268-TSB-KLL Doc #: 46 Filed: 01/25/23 Page: 1 of 3 PAGEID #: 198

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

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Case No. 1:18-cv-268
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 44)
This case is before the Court pursuant to the Order of General Reference to United
States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on January 10, 2023, submitted a
Report and Recommendation (Doc. 44).
This social security case was remanded to the Commissioner of Social Security on
June 16, 2020. (Doc. 16). Since that remand, Plaintiff has requested on multiple
occasions for her case to be reopened or reconsidered, which requests were denied. (E.g.,
Docs. 25, 27, 29, 31, 32, 33, 36). Most recently, on January 5, 2023 and over Plaintiff’s
objections, the Court adopted the Magistrate Judge’s Report and Recommendations,
denied Plaintiff’s motion “for [her] SSDI case to move forward,” and certified that any in
forma pauperis appeal would not be taken in good faith. (Docs. 37, 38, 39, 40).

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On January 9, 2023, Plaintiff filed a notice of appeal. (Doc. 42). She also moved
for leave to appeal in forma pauperis. (Doc. 43). The Magistrate Judge recommends
denying that motion, since the Court has already certified that any in forma pauperis
appeal would not be taken in good faith. (Doc. 44). The Magistrate Judge also
recommends that Plaintiff be advised of the following:
Pursuant to Fed. R. App. P. 24(a)(4), a plaintiff may file, within
thirty (30) days after service of any Order adopting the Report
and Recommendation, a motion with the Sixth Circuit Court of
Appeals for leave to proceed as a pauper on appeal. Callihan
v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in
part Floyd v. United States Postal Service, 105 F.3d 274 (6th
Cir. 1997). The plaintiff’s motion must include a copy of the
affidavit filed in the District Court and the District Court’s
statement of the reasons for denying pauper status on appeal.
Id.; see Fed. R. App. P. 24(a)(5).
The plaintiff is notified that if the plaintiff does not file a
motion within thirty (30) days of receiving notice of the
District Court’s decision as required by Fed. R. App. P.
24(a)(5), or fails to pay the required filing fee of $505.00
within this same time period, the appeal will be dismissed for
want of prosecution. Callihan, 178 F.3d at 804. Once
dismissed for want of prosecution, the appeal will not be
reinstated, even if the filing fee or motion for pauper status is
subsequently tendered, unless the plaintiff can demonstrate
that the plaintiff did not receive notice of the District Court’s
decision within the time period prescribed for by Fed. R. App.
P. 24(a)(5). Id.
(Id. at 2). No objections were filed to the Report and Recommendation, and the time for
doing so has expired.
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

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of the filings in this matter. Upon consideration of the foregoing, the Court finds that the
Report and Recommendation should be and is hereby adopted in its entirety.
Accordingly, for the reasons stated above:
1.

The Report and Recommendation (Doc. 44) is hereby ADOPTED;

2.

Plaintiff’s motion for leave to appeal in forma pauperis (Doc. 43) is
DENIED; and,

3.

This action remains terminated upon the docket of the Court.

IT IS SO ORDERED.
Date:

1/25/2023

s/Timothy S. Black
Timothy S. Black
United States District Judge

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