Simmons v. Colvin
Filing
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MEMORANDUM (Order to follow as separate docket entry) re 18 MOTION for Reconsideration filed by Timothy Simmons. Signed by Honorable Matthew W. Brann on 6/29/2017. (jn)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TIMOTHY SIMMONS,
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Plaintiff,
v.
NANCY BERRYHILL1,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
No.: 4:15-CV-1268
(Judge Brann)
MEMORANDUM OPINION
JUNE 29, 2017
I.
BACKGROUND
On June 28, 2015, Plaintiff, Timothy Simmons, through counsel, filed a
complaint in this Court seeking review of the Defendant’s denial of social security
benefits to him. The matter was jointly assigned to me and to a magistrate judge
who issued a report and recommendation on September 1, 2016. The magistrate
judge recommended that the decision of the Commissioner of Social Security be
affirmed and the matter dismissed. Plaintiff had the opportunity to file an
objection to the report and recommendation but did not file one. On September 26,
1
The complaint correctly named Carolyn W. Colvin as Defendant as she was the Acting
Commissioner of Social Security at the time the complaint was filed. As of January 23, 2017,
Nancy Berryhill is the Acting Commission of Social Security.
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2016, following a de novo review, I adopted the report and recommendation and
dismissed the action.
On December 2, 2016, Plaintiff filed a pro se motion for reconsideration. A
letter providing evidentiary support for his motion was filed by a health care
provider for Plaintiff on March 22, 2017. On March 27, 2017, the Commissioner
of Social Security filed an objection to the motion.
II.
DISCUSSION
It is well-established that “the purpose of a motion for reconsideration is to
correct manifest errors of law or fact or to present newly discovered evidence.”2
A court should grant a motion for reconsideration if the party seeking
reconsideration shows: “(1) an intervening change in the controlling law; (2) the
availability of new evidence that was not available when the court granted the
motion for summary judgment; or (3) the need to correct a clear error of law or fact
or to prevent manifest injustice.”3
“A motion for reconsideration is not properly grounded on a request that the
Court simply rethink a decision it has already made.”4
In such a motion, “parties
are not free to relitigate issues that the Court has already decided.”5 “The standard
2
Harsco v. Zlotnicki, 779 F.2d 906, 909 (3d Cir. 1985).
Max’s Seafood Café ex rel. Lou-Ann, Inc. v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999).
4
Douris v. Schweiker, 229 F. Supp. 2d 391, 408 (E.D. Pa. 2002).
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United States v. Jasin, 292 F. Supp. 2d 670, 676 (E.D. Pa. 2003) (internal citation and
quotations omitted).
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for granting a motion for reconsideration is a stringent one . . . . [A] mere
disagreement with the court does not translate into a clear error of law.”6 “Because
federal courts have a strong interest in the finality of judgments, motions for
reconsideration should be granted sparingly.”7
Plaintiff’s motion here is brief and incomplete, but because he is proceeding pro
se, I will construe his filing ‘liberally.’ “The obligation to liberally construe a pro
se litigant’s pleadings is well-established.”8 I take the liberty of copying the
motion in its entirety here:
6
Mpala v. Smith, 2007 WL 136750, *2 (M.D. Pa. Jan. 16, 2007) aff'd, 241 F. App'x 3 (3d Cir.
2007).
7
Cont’l Cas. Co. v. Diversified Indus., Inc., 884 F. Supp. 937, 943 (E.D. Pa. 1995).
8
Higgs v. Atty. Gen. of the U.S., 655 F.3d 333, 339 (3d Cir. 2011), as amended (Sept. 19, 2011)
see also Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); Haines v.
Kerner, 404 U.S. 519, 520–21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); see also Capogrosso v. The
Supreme Court of New Jersey, 588 F.3d 180, 184 n. 1 (3d Cir.2009) (“[W]e remain mindful of
our obligation to construe a pro se litigant's pleadings liberally.”) (citing Haines, 404 U.S. at
520–21, 92 S.Ct. 594).
3
It is clear from Plaintiff’s motion, even liberally construed, that his argument
rests solely on the second half of the third reconsideration factor: the prevention of
manifest injustice. However, I find no injustice here. Simmons may have been
incarcerated at the time the decision was rendered, but he had counsel representing
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him throughout this proceeding. Counsel filed the complaint,9 a motion to proceed
in forma pauperis,10 a brief in support of her complaint,11 and a brief opposing the
Defendant’s brief.12 Because Simmons had counsel during the pendency of the
proceeding, there is no manifest injustice visited on him by this Court.
III.
CONCLUSION
Having concluded that there is no basis to reconsider my September 26,
2016 Order affirming the decision of the Commissioner of Social Security and
entering judgment against Plaintiff, his motion will be denied. An appropriate
Order follows.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
9
ECF No. 1.
ECF No. 2.
11
ECF No. 11.
12
ECF No. 13.
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