Zelinske v. Kijakazi

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

BRENT Z., Civ. No. 22-511 JWB/JFD

Plaintiff,

v. ORDER

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant.

The above matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge John F. Docherty dated January 30, 2023. (Doc. No. 22.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the Court reviews an R&R 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, the Court finds no clear error.1 Based on the Report and Recommendation, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (Doc. No. 22) is ACCEPTED; 2. Plaintiff’s Motion for Summary Judgment (Doc. No. 14) is GRANTED IN PART and DENIED IN PART;

1 The Court also notes that the R&R, with respect to the Federal Vacancies Reform Act of 1998, is consistent with recent 8th Circuit precedent on the issue. See Dahle v. Kijakazi, No. 22-1601, 2023 WL 2379383 (8th Cir. Mar. 7, 2023). 3. Defendant’s Motion for Summary Judgment (Doc. No. 16) is DENIED; and 4. The Commissioner’s decision is REMANDED to the Social Security

Administration to address the one-to-two step task limitation per the R&R. LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 8, 2023 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Court