Daniels v. Colvin

Filing 4

ORDER DISMISSING CASE signed by Judge Rudolph T. Randa on 5/10/2013. (cc: all counsel, via US mail to Charles Daniels)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHARLES DANIELS, Jr.,
Plaintiff,
-vsCase No. 13-C-489
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

DECISION AND ORDER
Charles Daniels requests leave to proceed in forma pauperis on appeal from the
denial of his application for social security disability benefits. Daniels already filed and
lost such an appeal. Daniels v. Astrue, Case No. 12-C-958-LA (E.D. Wis.). That earlier
decision is entitled to preclusive effect. EEOC v. Harris Chernin, Inc., 10 F.3d 1286,
1289 (7th Cir. 1993). Moreover, even in the absence of claim preclusion, this newly-filed
appeal is untimely by a wide margin. 42 U.S.C. § 405(g). Therefore, the Court will
exercise its inherent authority to dismiss this “transparently defective” lawsuit. Hoskins v.
Poelstra, 320 F.3d 761, 763 (7th Cir. 2003)
Therefore, Daniels’ motion to proceed IFP [ECF No. 2] is GRANTED, but this
matter is DISMISSED. The Clerk of Court is directed to enter judgment accordingly.

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Dated at Milwaukee, Wisconsin, this 10th day of May, 2013.

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BY THE COURT:

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__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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