Anderson v. O'Malley

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,

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 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