U.S. District Court, District of Minnesota, 2023

Bushey v. Kijakazi

Bushey v. Kijakazi
U.S. District Court, District of Minnesota · Decided June 12, 2023

Bushey v. Kijakazi

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Tiffany B., File No. 22-cv-1227 (ECT/DLM) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Kilolo Kijakazi, Acting Commissioner of Social Security, Defendant. ________________________________________________________________________ Magistrate Judge Douglas L. Micko issued a Report and Recommendation on May 22, 2023. ECF No. 25. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 25] is ACCEPTED; and 2. Plaintiff’s Motion for Summary Judgment [ECF No. 13] is GRANTED; 3. Defendant Kilolo Kijakazi’s Motion for Summary Judgment [ECF No. 20] is DENIED; and 4. This action is to be REMANDED to the ALJ for further proceedings consistent with this Order.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 12, 2023 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Tiffany B., File No. 22-cv-1227 (ECT/DLM) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Kilolo Kijakazi, Acting Commissioner of Social Security, Defendant. ________________________________________________________________________ Magistrate Judge Douglas L. Micko issued a Report and Recommendation on May 22, 2023. ECF No. 25. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 25] is ACCEPTED; and 2. Plaintiff’s Motion for Summary Judgment [ECF No. 13] is GRANTED; 3. Defendant Kilolo Kijakazi’s Motion for Summary Judgment [ECF No. 20] is DENIED; and 4. This action is to be REMANDED to the ALJ for further proceedings consistent with this Order.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 12, 2023 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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