Fraser v. Commissioner of Social Security

Filing 13

ORDER Accepting 11 Findings, Conclusions and Recommendation. (Ordered by Judge Jane J Boyle on 10/6/2016) (ran)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
YOSEF S. FRASER,

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Plaintiff,
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V.
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COMMISSIONER OF SOCIAL SECURITY, §
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Defendant.
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No. 3:16-cv-939-B

ORDER
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case (the “FCR”).
Plaintiff filed a response to the FCR, titled “Requesting Permission to Amen[d] Civil
Complaint,” in which he stated that he “would like to clarify [his] position.” Dkt. No. 12. Attached
to this response is a proposed second amended complaint that attempts to recast this action as an
appeal of the denial of Social Security benefits. See Dkt. No. 12-1.
But, as Plaintiff represented to this Court previously, he filed this action to “address his
concerns of discrimination,” while “[t]he suit [that he] filed in the Sherman Division [of the Eastern
District of Texas] is a result of [his] lack of confidence in the SSA,” which action is ostensibly an
appeal of an administrative decision to deny Social Security benefits. Dkt. No. 7 at 2. Because
Plaintiff has failed to show why this Court should encourage parallel administrative appeals to
proceed, his requested amendment is futile. Cf. Winding v. Vincent, No. 3:13CV425TSL–JMR, 2014
WL 1056828, at *1 (S.D. Miss. Mar. 18, 2014) (“By his objection, Winding essentially seeks to
amend his complaint in an attempt to recast his claims as ones for retaliation and/conspiracy.... [But]
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the proposed amendment is futile, [and] plaintiff’s objection will be overruled.”).
To that extent that Plaintiff’s response is solely an objection to the FCR, the District Court
has reviewed de novo those portions of the proposed FCR to which objection was made, and reviewed
the remaining proposed FCR for plain error. Finding no error, the Court ACCEPTS the FCR.
SO ORDERED.
DATE: OCTOBER 6, 2016

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

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