Scheidness v. O'Malley

U.S. District Court, District of Minnesota

Scheidness v. O'Malley

Trial Court Opinion

            UNITED STATES DISTRICT COURT                             
                DISTRICT OF MINNESOTA                                


Jennifer S.,1                                           Civ. No. 23-547 (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 16, 2024. (Doc. No. 14.) 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 16, 2024 Report and Recommendation (Doc. No. 14) is  
ACCEPTED;                                                                 
2.   Plaintiff’s request in her Brief (Doc. No. 11) is DENIED;       
3.   Defendant’s request in his Brief (Doc. No. 13) 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: March 5, 2024                     _s/ Jerry W. Blackwell_______     
                                   JERRY W. BLACKWELL                
                                   United States District Judge      

Trial Court Opinion

            UNITED STATES DISTRICT COURT                             
                DISTRICT OF MINNESOTA                                


Jennifer S.,1                                           Civ. No. 23-547 (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 16, 2024. (Doc. No. 14.) 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 16, 2024 Report and Recommendation (Doc. No. 14) is  
ACCEPTED;                                                                 
2.   Plaintiff’s request in her Brief (Doc. No. 11) is DENIED;       
3.   Defendant’s request in his Brief (Doc. No. 13) 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: March 5, 2024                     _s/ Jerry W. Blackwell_______     
                                   JERRY W. BLACKWELL                
                                   United States District Judge      

Reference

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