Daniels v. Colvin

Filing 7

ORDER signed by Judge Rudolph T. Randa on 5/20/2013 DENYING 6 Request to reconsider filed by Charles Daniels, Jr. (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

On May 10, 2013, the Court issued an order dismissing Charles Daniels’ social
security appeal because it was barred by the doctrine of claim preclusion and also because
it was untimely. A few days later, Daniels filed a letter asking the Court to reconsider. To
reiterate, Daniels already appealed the denial of benefits and lost. Daniels v. Astrue, Case
No. 12-C-958-LA (E.D. Wis.). Daniels insists, like he did in his complaint, that he would
have won if he had provided certain documents.

Newly-discovered evidence is an

exception to claim preclusion if the evidence was either fraudulently concealed or it could
not have been discovered with due diligence, see e.g. L-Tec Elec. Corp. v. Cougar Elec.
Org., Inc., 198 F.3d 85, 88 (2d Cir. 1999), but Daniels’ filings suggests that his
“evidence” is not newly-discovered. In any event, the administrative process ran its
course and the time for appeal to the district court has long since passed.
Daniels’ motion to reconsider [ECF No. 6] is DENIED.

Dated at Milwaukee, Wisconsin, this 20th day of May, 2013.
BY THE COURT:

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

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