UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

MACHELLE COLLINS,

Plaintiff,

vs.

COMMISSIONER OF SOCIAL 

SECURITY,

Defendant.

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Case No. 1:18-cv-268

Judge Timothy S. Black

Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY

ADOPTING THE REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 27)

This case is before the Court pursuant to the Order of General Reference to United 

States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate 

Judge reviewed the pleadings filed with this Court and, on November 20, 2020, submitted 

a Report and Recommendation (Doc. 27). Plaintiff Machelle Collins filed objections to 

the Report and Recommendation on November 23, 2020. (Doc. 28).

As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has 

reviewed the comprehensive findings of the Magistrate Judge and considered de novo all 

the filings in this matter. Upon consideration of the foregoing and careful review of 

Plaintiff’s objections, the Court finds that the Report and Recommendation (Doc. 27) 

should be and is hereby adopted in its entirety.

On April 20, 2020, the Magistrate Judge recommended that this Court grant 

Defendant’s motion to remand Plaintiff’s case to the Commissioner of Social Security for 
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further administrative pleadings. (Doc. 21). No objections to that Report and 

Recommendation were filed. On June 16, 2020, this Court: (1) adopted the April 20, 

2020 Report and Recommendation; (2) granted Defendant’s motion for an order 

reversing the Commissioner’s final decision pursuant to the fourth sentence of 42 U.S.C. 

§ 405(g) and for remand; (3) remanded Plaintiff’s case to the Commissioner for further 

proceedings consistent with the Magistrate Judge’s Report and Recommendation; and, 

(4) terminated the case on the docket of this Court. (Doc. 21). 

Three months later, on September 18, 2020, Plaintiff filed an opposition to this 

Court’s Decision and Entry remanding the case. (Doc. 25). A week later, Plaintiff filed a 

response in opposition (Doc. 26) to Defendant’s motion to remand (Doc. 18). The 

Magistrate Judge liberally considered Plaintiff’s pleadings as both a motion to 

alter/amend judgment and a motion for relief from judgment, and submitted the Report 

and Recommendation at issue in this Decision and Entry. (Doc. 27). The Magistrate 

Judge recommended denying Plaintiff’s request. (Id.) Plaintiff timely filed objections. 

(Doc. 28). However, this Court finds that Plaintiff’s objections are not well-taken.

Construing Plaintiff’s objections liberally, Plaintiff argues that the record before 

the Court indicates that she is eligible for Social Security Disability Insurance (“SSDI”). 

(Doc. 28 at 1). Thus, Plaintiff contends that this Court should not have terminated her 

action before this Court. (Doc. 28). However, terminating Plaintiff’s action before this 

Court was not a determination of Plaintiff’s eligibility for SSDI. The remand of 

Plaintiff’s case to the Commissioner reversed the prior, final decision of the 

Commissioner, pursuant to the fourth sentence of 42 U.S.C. § 405(g), and sent Plaintiff’s 
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case back to the Commissioner for further administrative proceedings consistent with the 

Magistrate Judge’s April 20, 2020 Report and Recommendation. Thus, Plaintiff’s 

objections are not well-taken. 

Accordingly, for the reasons stated above: 

1. The Report and Recommendation (Doc. 27) is hereby ADOPTED;

2. Plaintiff’s objections (Doc. 28) are hereby OVERRULED;

3. Plaintiff’s motion opposing remand, construed as a motion to alter/amend

judgment and/or motion for relief from judgment (Doc. 25) is DENIED;

and,

4. The Court certifies that pursuant to 28 U.S.C. § 1915(a), an appeal of this

Order would not be taken in good faith and therefore Plaintiff is denied

leave to appeal in forma pauperis.

IT IS SO ORDERED. 

Date: 

Timothy S. Black

United States District Judge

5/3/2021 s/Timothy S. Black