Fleischhacker v. O'Malley
U.S. District Court, District of Minnesota
Fleischhacker v. O'Malley
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jane P. F.,
Case No. 22-cv-3112 (KMM/JFD)
Plaintiff,
v.
ORDER
Kilolo Kijakazi, Acting Commissioner
of Social Security,
Defendant.
The above matter comes before the Court upon United States Magistrate Judge John
F. Docherty’s Report and Recommendation (“R&R”) dated October 2, 2023. [ECF No.
19]. Plaintiff Jane P. F. seeks judicial review of the denial of her disability insurance
benefits and supplemental security income. The factual background for the this matter is
clearly set forth in the R&R and is not repeated here. The Magistrate Judge recommended
that the Court deny Ms. F’s motion for summary judgment, grant Defendant Kilolo
Kijakazi, Acting Commissioner of Social Security’s motion for summary judgment, and
affirm the Commissioner’s decision. No objections have been filed to the R&R, though
the deadline for doing so passed weeks ago.
The Court reviews de novo any portion of the R&R to which specific objections are
made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b); see also Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)).
Based on the Court’s careful review of the R&R and the record in this matter, Judge
Docherty committed no error, clear or otherwise. IT IS HEREBY ORDERED that:
1. Magistrate Judge John F. Docherty’s October 2, 2023, Report and
Recommendation [ECF. No. 19] is ADOPTED;
2. Plaintiff Jane P. F.’s Motion for Summary Judgment [ECF No. 11] is DENIED;
3. Defendant Commissioner Kijakazi’s Motion for Summary Judgment [ECF No.
17] is GRANTED; and
4. The Commissioner’s decision is AFFIRMED.
Let Judgment be entered accordingly.
Date: January 9, 2024 s/Katherine Menendez
Katherine Menendez
United States District Court
2 Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jane P. F.,
Case No. 22-cv-3112 (KMM/JFD)
Plaintiff,
v.
ORDER
Kilolo Kijakazi, Acting Commissioner
of Social Security,
Defendant.
The above matter comes before the Court upon United States Magistrate Judge John
F. Docherty’s Report and Recommendation (“R&R”) dated October 2, 2023. [ECF No.
19]. Plaintiff Jane P. F. seeks judicial review of the denial of her disability insurance
benefits and supplemental security income. The factual background for the this matter is
clearly set forth in the R&R and is not repeated here. The Magistrate Judge recommended
that the Court deny Ms. F’s motion for summary judgment, grant Defendant Kilolo
Kijakazi, Acting Commissioner of Social Security’s motion for summary judgment, and
affirm the Commissioner’s decision. No objections have been filed to the R&R, though
the deadline for doing so passed weeks ago.
The Court reviews de novo any portion of the R&R to which specific objections are
made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b); see also Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)).
Based on the Court’s careful review of the R&R and the record in this matter, Judge
Docherty committed no error, clear or otherwise. IT IS HEREBY ORDERED that:
1. Magistrate Judge John F. Docherty’s October 2, 2023, Report and
Recommendation [ECF. No. 19] is ADOPTED;
2. Plaintiff Jane P. F.’s Motion for Summary Judgment [ECF No. 11] is DENIED;
3. Defendant Commissioner Kijakazi’s Motion for Summary Judgment [ECF No.
17] is GRANTED; and
4. The Commissioner’s decision is AFFIRMED.
Let Judgment be entered accordingly.
Date: January 9, 2024 s/Katherine Menendez
Katherine Menendez
United States District Court
2 Reference
- Status
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