Opinion
22-CV-2358 (KMM/DJF)
02-12-2024
Paula A., Plaintiff, v. Martin O'Malley,[1] Commissioner of Social Security Defendant.
ORDER
KATHERINE M. MENENDEZ UNITED STATES DISTRICT JUDGE.
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, 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.