Read v. O'Malley
U.S. District Court, District of Minnesota
Read v. O'Malley
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Joyce R.,1 Civ. No. 22-3167 (JWB/JFD)
Plaintiff,
v.
ORDER
Martin J. O’Malley, Commissioner of
Social Security Administration,
Defendant.
United States Magistrate Judge John F. Docherty issued a Report and
Recommendation (“R&R”) on January 26, 2024. (Doc. No. 19.) No objections have been
filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed
for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir.
1996). Having reviewed the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all the files, records, and
proceedings herein, IT IS HEREBY ORDERED that:
1. The January 26, 2024 Report and Recommendation (Doc. No. 19) is
ACCEPTED;
2. Plaintiff’s request in her Brief (Doc. No. 16) is DENIED;
3. Defendant’s request in his Brief (Doc. No. 18) is GRANTED;
1 This District has adopted the policy of using only the first name and last initial of
any nongovernmental parties in social security appeals such as the present case.
Accordingly, when referring to the Plaintiff, only her first name and last initial are
provided.
4. Plaintiff’s Complaint (Doc. No. 1) is DISMISSED; and
5. The Commissioner’s decision is AFFIRMED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: February 29, 2024 _s/ Jerry W. Blackwell_______
JERRY W. BLACKWELL
United States District Judge Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Joyce R.,1 Civ. No. 22-3167 (JWB/JFD)
Plaintiff,
v.
ORDER
Martin J. O’Malley, Commissioner of
Social Security Administration,
Defendant.
United States Magistrate Judge John F. Docherty issued a Report and
Recommendation (“R&R”) on January 26, 2024. (Doc. No. 19.) No objections have been
filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed
for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir.
1996). Having reviewed the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all the files, records, and
proceedings herein, IT IS HEREBY ORDERED that:
1. The January 26, 2024 Report and Recommendation (Doc. No. 19) is
ACCEPTED;
2. Plaintiff’s request in her Brief (Doc. No. 16) is DENIED;
3. Defendant’s request in his Brief (Doc. No. 18) is GRANTED;
1 This District has adopted the policy of using only the first name and last initial of
any nongovernmental parties in social security appeals such as the present case.
Accordingly, when referring to the Plaintiff, only her first name and last initial are
provided.
4. Plaintiff’s Complaint (Doc. No. 1) is DISMISSED; and
5. The Commissioner’s decision is AFFIRMED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: February 29, 2024 _s/ Jerry W. Blackwell_______
JERRY W. BLACKWELL
United States District Judge Reference
- Status
- Unknown