MCINTYRE v. O'MALLEY

District Court, S.D. Indiana

MCINTYRE v. O'MALLEY

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

LINDSAY A. M., ) ) Plaintiff, ) ) v. ) No. 1:22-cv-01981-MPB-MG ) MARTIN O'MALLEY Commissioner of the ) Social Security Administration, ) ) Defendant. )

ENTRY ADOPTING MAGISTRATE JUDGE'S REPORT & RECOMMENDATION

In October of 2022, Plaintiff Lindsay M. timely filed this action with the Court to review the denial of Supplemental Security Income and Disability Insurance Benefits. The Court referred the matter to Magistrate Judge Mario Garcia on August 31, 2023, pursuant to

28 U.S.C. § 636

. (Docket No. 21). Judge Garcia issued a detailed and thorough Report and Recommendation recommending that this Court reverse and remand the Commissioner's Decision. (Docket No. 22). Federal Rule of Civil Procedure 72(b)(2) gives parties 14 days to object to the R&R. No party has done so within that time. Consequently, the court reviews the R&R for clear error. Johnson v. Zema Sys. Corp.,

170 F.3d 734

, 739 (7th Cir. 1999). After reviewing the record, the court finds that the Magistrate Judge did not commit clear error. Therefore, the court ADOPTS the Magistrate Judge's Report and Recommendation (Filing No. 22). The Commissioner's decision is REVERSED and REMANDED. Judgment consistent with this Entry shall issue by separate order. IT IS SO ORDERED. Dated: February 22, 2024 Uy 1 | U WY“) pnt Moye Matthew P. Brookman, Judge United States District Court Southern District of Indiana

Served electronically on all ECF-registered counsel of record.

Reference

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