Kevin M. v. O'Malley
- Katherine Menendez
- 0:22-cv-03029
- U.S. District Court · District of Minnesota
- 2
In Kevin M. v. O’Malley, Judge Menendez adopted the report, granted Kevin M.’s motion, denied the Commissioner’s motion, and remanded for further proceedings.
Kevin M. and the Commissioner of Social Security; the case returns to the Commissioner for further administrative proceedings.
What happened
In Kevin M. v. O’Malley, the district court reviewed a magistrate judge’s report and recommendation after neither side objected to it. The court adopted the recommendation in full.
The court granted Kevin M.’s motion for summary judgment and denied the Commissioner’s motion for summary judgment. The opinion does not describe the underlying Social Security issue in detail.
Judge Katherine M. Menendez ordered the case remanded to the Commissioner for further administrative proceedings consistent with the report and recommendation.
The detailed version
- Kevin M. v. O'Malley · No. 0:22-cv-03029
- Katherine Menendez
- Mar. 22, 2024
Background
The court considered a report and recommendation issued by United States Magistrate Judge Douglas L. Micko on December 4, 2023. No objections were filed within the permitted period. The opinion does not explain the underlying dispute or the specific reasons for the recommended result.
Court’s review
Because no objections were filed, the district court reviewed the report and recommendation for clear error. After reviewing the report and the record, the court found no error and adopted the report and recommendation in full.
Ruling
The court granted Kevin M.’s motion for summary judgment, denied the Commissioner’s motion for summary judgment, and remanded the matter to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the report and recommendation. The court ordered judgment to be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.