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

Marquette v. O'Malley

Marquette v. O'Malley
U.S. District Court, District of Minnesota · Decided March 22, 2024

Marquette v. O'Malley

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Kevin M., Case No. 22-CV-3029 (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 4, 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 error, and the R&R is adopted in full.

IT IS HEREBY ORDERED that: 1. Plaintiff’s Motion for Summary Judgment (ECF 9) is GRANTED, 2. Defendant’s Motion for Summary Judgment (ECF 13) is DENIED; and 3. This matter be REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings consistent with the Report and Recommendation (ECF 16).

Let Judgment Be Entered Accordingly.

Date: March 22, 2024 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Kevin M., Case No. 22-CV-3029 (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 4, 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 error, and the R&R is adopted in full.

IT IS HEREBY ORDERED that: 1. Plaintiff’s Motion for Summary Judgment (ECF 9) is GRANTED, 2. Defendant’s Motion for Summary Judgment (ECF 13) is DENIED; and 3. This matter be REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings consistent with the Report and Recommendation (ECF 16).

Let Judgment Be Entered Accordingly.

Date: March 22, 2024 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

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

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