4:22-cv-02054•Robbins v. Commissioner of Social Security Administration
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Clyde Robbins, Jr., § Plaintiff, § § v. § Civil Action H-22-2054 § Frank Bisignano,1 § Commissioner of the § Social Security Administration, § Defendant. § MEMORANDUM AND RECOMMENDATION Pro se Plaintiff Clyde Robbins has filed a Motion to Reopen this case. What he actually seeks is relief under Federal Rule of Civil Procedure 60(b) from the court’s September 14, 2023 Final Judgment granting the Commissioner’s motion for summary judgment and dismissing this case with prejudice, ECF No. 22. This case has been referred to the undersigned magistrate judge for all pretrial purposes. ECF No. 26. The court recommends that the motion be DENIED. On September 24, 2023, Magistrate Judge Sam Sheldon entered a Memorandum and Order affirming the Commissioner’s decision to deny Robbins social security benefits. ECF No. 21. The Commissioner’s November 9, 2021 Decision found Robbins was not disabled from July 10, 2020, to the date of the decision. Tr. 37. In the instant motion, Robbins cites medical records dated between December 2024 and February 2025 and argues that such records are new and material evidence that would warrant relief under Rule 60(b). 1 Pursuant to Federal Rule of Civil Procedure 25(d), Frank J. Bisignano is substituted as the defendant in this suit. United States District Court Southern District of Texas ENTERED April 02, 2026 Nathan Ochsner, Clerk Case 4:22-cv-02054 Document 30 Filed 03/31/26 in TXSD Page 1 of 3
2 Rule 60(b)(2) allows the court to relieve a person from a final judgment when evidence is newly discovered after the time to file a motion for a new trial under Rule 59(b). First, here, the evidence is dated years after the period of disability, so it is not clear that the evidence is even relevant. In any event, a motion under Rule 60(b)(2) must be filed no more than a year after the final judgment is entered. The instant motion is well more than a year late and must be denied. Plaintiff also invokes Rule 60(b)(6), which allows the court to relieve a party from the effect of a final judgment for “any other reason that justifies relief.” Other than insisting that the court should consider evidence that is outside the record that was before the district court, Robbins does not cite any reason that the court should grant the extraordinary relief of vacating a properly entered final judgment. The court notes that Robbins does not specifically state that the final judgment was in error. Judge Sheldon had denied Robbins’ permission to appeal without prepayment of costs because he had “fail[ed] to demonstrate his appeal [was] not frivolous.” ECF No. 24 at 1. Robbins also cites 20 C.F.R. § 404.988 as authority for the proposition that the court may reopen this case. That section sets forth the conditions under which the Commissioner may reopen a decision under 20 C.F.R. § 404.987. Those sections apply to reopening the administrative decision. They do not apply in federal court. The court recommends that the Motion to Reopen be DENIED. The parties have fourteen days from service of this report and recommendation to file written objections. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72. Failure to timely file objections will preclude appellate review of factual findings or legal conclusions, Case 4:22-cv-02054 Document 30 Filed 03/31/26 in TXSD Page 2 of 3
3 except for plain error. See Thomas v. Arn, 474 U.S. 140, 147–49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276–77 (5th Cir. 1988). Signed at Houston, Texas on March 31, 2026. ___________________________________ Peter Bray United States Magistrate Judge Case 4:22-cv-02054 Document 30 Filed 03/31/26 in TXSD Page 3 of 3
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