Lukken v. O'Malley

U.S. District Court, District of Minnesota

Lukken v. O'Malley

Trial Court Opinion

                 UNITED STATES DISTRICT COURT                            
                    DISTRICT OF MINNESOTA                                


 Cory J. L.,                                                             
                                  Case No. 22-CV-1953 (KMM/DLM)          
               Plaintiff,                                                

 v.                                          ORDER                       

 Martin O’Malley,1                                                       
 Commissioner of Social Security                                         

                Defendant.                                               


    The above matter comes before the Court upon the Report and          
Recommendation (R&R) of United States Magistrate Judge Douglas L. Micko, dated 
December 14, 2023.  No objections have been filed to that R&R in the time period 
permitted.                                                                
    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) and Grinder v. Gammon, 

1 Martin J. O’Malley became the Commissioner of Social Security on December 20, 
2023. Press Release, Social Security Administration, available at         
https://www.ssa.gov/news/press/releases/2023/#12-2023-2 [archived at      
https://perma.cc/2FF2-GV8T]. Under Rule 25, as the successor to former    
Defendant Kilolo Kijakazi, Mr. O’Malley is “automatically substituted as a party.” 
Fed. R. Civ. P. 25(d).                                                    
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 case, the Magistrate Judge committed no error, clear 

or otherwise, and the R&R is adopted in full.                             
    IT IS HEREBY ORDERED that:                                           
    1.   Plaintiff Cory J. L.’s Brief (ECF 17) is DENIED; and.           
    2.   Defendant Martin J. O’Malley’s Motion for Summary Judgment (ECF 

         19) is GRANTED                                                  
    Let Judgment Be Entered Accordingly.                                 
Date: February 2, 2024              s/ Katherine M. Menendez             
                                   Katherine M. Menendez                 
                                   United States District Judge          

Trial Court Opinion

                 UNITED STATES DISTRICT COURT                            
                    DISTRICT OF MINNESOTA                                


 Cory J. L.,                                                             
                                  Case No. 22-CV-1953 (KMM/DLM)          
               Plaintiff,                                                

 v.                                          ORDER                       

 Martin O’Malley,1                                                       
 Commissioner of Social Security                                         

                Defendant.                                               


    The above matter comes before the Court upon the Report and          
Recommendation (R&R) of United States Magistrate Judge Douglas L. Micko, dated 
December 14, 2023.  No objections have been filed to that R&R in the time period 
permitted.                                                                
    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) and Grinder v. Gammon, 

1 Martin J. O’Malley became the Commissioner of Social Security on December 20, 
2023. Press Release, Social Security Administration, available at         
https://www.ssa.gov/news/press/releases/2023/#12-2023-2 [archived at      
https://perma.cc/2FF2-GV8T]. Under Rule 25, as the successor to former    
Defendant Kilolo Kijakazi, Mr. O’Malley is “automatically substituted as a party.” 
Fed. R. Civ. P. 25(d).                                                    
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 case, the Magistrate Judge committed no error, clear 

or otherwise, and the R&R is adopted in full.                             
    IT IS HEREBY ORDERED that:                                           
    1.   Plaintiff Cory J. L.’s Brief (ECF 17) is DENIED; and.           
    2.   Defendant Martin J. O’Malley’s Motion for Summary Judgment (ECF 

         19) is GRANTED                                                  
    Let Judgment Be Entered Accordingly.                                 
Date: February 2, 2024              s/ Katherine M. Menendez             
                                   Katherine M. Menendez                 
                                   United States District Judge          

Reference

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