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U.S. District Court, District of Minnesota, 2024

Anderson v. O'Malley

Anderson v. O'Malley
U.S. District Court, District of Minnesota · Decided February 12, 2024
Anderson v. O'Malley

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Paula A., Case No. 22-CV-2358 (KMM/DJF) 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 Dulce J. Foster, dated October 11, 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, 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 clear error, and the R&R is adopted in full.

IT IS HEREBY ORDERED that: 1. The Commissioner’s denial of benefits is reversed and this matter be REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings consistent with this Report and Recommendation; and.

2. Plaintiff’s Motion for Summary Judgment (ECF ) is DENIED in all other respects Let Judgment Be Entered Accordingly.

Date: February 12, 2024 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Paula A., Case No. 22-CV-2358 (KMM/DJF) 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 Dulce J. Foster, dated October 11, 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, 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 clear error, and the R&R is adopted in full.

IT IS HEREBY ORDERED that: 1. The Commissioner’s denial of benefits is reversed and this matter be REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings consistent with this Report and Recommendation; and.

2. Plaintiff’s Motion for Summary Judgment (ECF ) is DENIED in all other respects Let Judgment Be Entered Accordingly.

Date: February 12, 2024 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

Case-law data current through December 31, 2025. Source: CourtListener bulk data.