Theodoros K. v. Kijakazi
- Katherine Menendez
- 0:20-cv-02228
- U.S. District Court · District of Minnesota
- 2
In Theodoros K. v. Kijakazi, Judge Menendez granted the plaintiff’s summary-judgment motion in part, denied the Commissioner’s motion, and remanded the case.
Theodoros K. and Acting Commissioner of Social Security Kilolo Kijakazi; the case returns to the Commissioner for further administrative proceedings.
What happened
In Theodoros K. v. Kijakazi, Theodoros K. and Acting Commissioner of Social Security Kilolo Kijakazi each asked for summary judgment. The court considered a magistrate judge’s recommendation after neither side objected.
The court reviewed the recommendation for clear error and found none. The opinion does not explain the underlying Social Security dispute beyond directing further proceedings consistent with the recommendation.
Judge Katherine M. Menendez granted Theodoros K.’s summary-judgment motion in part, denied Kijakazi’s motion, remanded the case to the Commissioner for further administrative proceedings, and dismissed the case with prejudice.
The detailed version
- Theodoros K. v. Kijakazi · No. 0:20-cv-02228
- Katherine Menendez
- Feb. 7, 2022
Background
Theodoros K. moved for summary judgment, and Acting Commissioner of Social Security Kilolo Kijakazi also moved for summary judgment. The matter came before the district court on Magistrate Judge Elizabeth Cowan Wright’s Report and Recommendation, dated January 19, 2022. Neither party filed objections within the permitted period.
Court’s Review
Because no objections were filed, the court reviewed the Report and Recommendation for clear error. After reviewing the recommendation and the record, the court concluded that the magistrate judge committed no error, clear or otherwise. The opinion does not provide the recommendation’s detailed analysis of the underlying Social Security issues.
Ruling
The court ordered that:
- Theodoros K.’s motion for summary judgment was granted in part. - Kilolo Kijakazi’s motion for summary judgment was denied. - The case was remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Report and Recommendation. - The case was dismissed with prejudice.
The court directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.