UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

ANNIE M. HESTER, 

Plaintiff,

Case Number 08-14575-BC

v. Honorable Thomas L. Ludington

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

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ORDER ADOPTING REPORT AND RECOMMENDATION, OVERRULING

PLAINTIFF’S OBJECTIONS, GRANTING DEFENDANT’S MOTION TO DISMISS,

DISMISSING COMPLAINT FOR LACK OF JURISDICTION, BARRING PLAINTIFF

FROM FILING ANY FURTHER LAWSUITS IN THIS DISTRICT AGAINST THE

COMMISSIONER WITHOUT WRITTEN PERMISSION OF A JUDGE IN THIS

DISTRICT, AND DIRECTING THE CLERK OF COURT TO RETAIN A COPY OF

THIS ORDER AND ATTACH IT TO ANY SUBSEQUENT LAWSUIT FILED BY

PLAINTIFF AGAINST THE COMMISSIONER

Plaintiff Annie M. Hester (“Plaintiff”) filed the instant complaint [Dkt. # 1] against

Defendant Commissioner of Social Security (“Commissioner”) on October 28, 2008. Plaintiff has

previously filed three actions against the Commissioner in the Eastern District of Michigan. See

Hester v. Comm’r of Soc. Sec., No. 01-71352 (filed Apr. 13, 2001); No. 04-71353 (filed Apr. 30,

2004); No. 08-10113 (filed Jan. 8, 2008). The instant action, in addition to the past three actions,

arise out of the Commissioner’s denial of disability benefits to Plaintiff. The instant action was

referred to Magistrate Judge Charles E. Binder for determination of the non-dispositive issues, and

for a report and recommendation.

On February 4, 2009, the Commissioner filed a motion to dismiss [Dkt. # 10], on the basis

of res judicata as to the issue of subject matter jurisdiction. In the motion, the Commissioner also

sought relief barring Plaintiff from filing further actions against the Commissioner without leave of

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court. On April 21, 2009, the magistrate judge issued a report and recommendation, recommending

that the Court grant the Commissioner’s motion to dismiss and bar Plaintiff from filing further

actions against the Commissioner without leave of court. The magistrate judge explained that the

court has previously determined that it lacks subject matter jurisdiction over Plaintiff’s claims

because there was no final decision of the Commissioner to review. See Hester, No. 08-10113 (Aug.

29, 2008). Additionally, the magistrate judge concluded that Plaintiff has not raised any colorable

constitutional claims.

On May 7, 2009, Plaintiff filed objections to the report and recommendation [Dkt. # 14].

However, Plaintiff’s objections do not address the issues of res judicata, subject matter jurisdiction,

the existence of any constitutional claims, or the recommendation to bar Plaintiff from filing further

actions against the Commissioner without leave of court. Rather, Plaintiff restates the history of her

case and various decisions of the Commissioner and the courts. Thus, there is no basis on which to

reject any portion of the report and recommendation of the magistrate judge, and it will be adopted.

Accordingly, it is ORDERED that the report and recommendation [Dkt. # 13] is

ADOPTED, and that Plaintiff’s objections to the report and recommendation [Dkt. # 14] are

OVERRULED.

It is further ORDERED that Defendant Commissioner of Social Security’s motion to dismiss

[Dkt. # 10] is GRANTED.

It is further ORDERED that the complaint [Dkt. # 1] is DISMISSED FOR LACK OF

JURISDICTION.

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It Is further ORDERED that Plaintiff is BARRED from filing any further actions against

the Commissioner of Social Security in this district unless she obtains the written permission of a

judge of this district.

It is further ORDERED that the Clerk of Court is DIRECTED to retain a copy of this order

and attach it to the file of any subsequent action filed by Plaintiff against the Commissioner of Social

Security.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: September 2, 2009

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on September 2, 2009.

s/Tracy A. Jacobs 

TRACY A. JACOBS

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