Curtiss v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Curtiss v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

KERI LYNN CURTISS,

Plaintiff,

v. Case No. 8:19-cv-2257-T-AAS

ANDREW SAUL, Commissioner, Social Security Administration,

Defendant. ______________________________________/ ORDER Keri Lynn Curtiss mailed a document to the court requesting reconsideration of the order affirming the Commissioner’s denial of Ms. Curtiss’s application for social security benefits, which the court construes as a motion for reconsideration. (Doc. 28). Only limited circumstances prompt reconsideration of a court order. These include (1) an intervening change in the controlling law; (2) new evidence which has become available; or (3) a need to correct clear error or prevent manifest injustice. Branch Banking & Trust Co. v. Shirley Inv. Properties, LLC, No. 8:13-CV-528-T- 23MAP,

2014 WL 12623802

, at *1 (M.D. Fla. Jan. 16, 2014) (citation omitted). Reconsideration is not appropriate when the proponent merely reargues matters already addressed. See Arthur v. King,

500 F.3d 1335, 1343

(11th Cir. 2007). Ms. Curtiss attempted to appeal the order affirming the decision of the Commissioner in forma pauperis. (Docs. 25, 26). The court denied Ms. Curtiss’s 1 request to proceed in forma pauperis because her notice of appeal and application failed to establish the existence of a reasoned, nonfrivolous argument raised on appeal. (Doc. 27). Similarly, Ms. Curtiss’s construed motion for reconsideration fails to establish the existence of a reasoned, nonfrivolous argument. In addition, there is no change of law, new evidence, or need to correct a clear error. Accordingly, Ms. Curtiss’s motion for reconsideration (Doc. 28) is DENIED. If Ms. Curtiss intended to mail the subject document to the United States Court of Appeals, the address is: US Courts of Appeals for the Eleventh Circuit 56 Forsyth Street, N.W. Atlanta, Georgia 30303! ORDERED in Tampa, Florida on September 4, 2020. Aranda. Argreo (he Sasson. AMANDA ARNOLD SANSONE United States Magistrate Judge

ce: Keri Lynn Curtiss

1 The document contains a US Court of Appeals’ case number. (See Doc. 28).

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