Elawyers Elawyers
Ohio| Change

Joseph P. v. Saul, 18-cv-00291 (ECT/LIB). (2019)

Court: District Court, D. Minnesota Number: infdco20190822d00 Visitors: 6
Filed: Aug. 21, 2019
Latest Update: Aug. 21, 2019
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION ERIC C. TOSTRUD , District Judge . Plaintiff Joseph P. commenced this action by filing a complaint seeking judicial review of an administrative decision to deny social security benefits. See Compl. [ECF No. 1]. The case is before the Court on the May 13, 2019 Report and Recommendation [ECF No. 23] issued by Magistrate Judge Leo I. Brisbois. Magistrate Judge Brisbois recommends granting the Defendant Commissioner of Social Security's motion for sum
More

ORDER ACCEPTING REPORT AND RECOMMENDATION

Plaintiff Joseph P. commenced this action by filing a complaint seeking judicial review of an administrative decision to deny social security benefits. See Compl. [ECF No. 1]. The case is before the Court on the May 13, 2019 Report and Recommendation [ECF No. 23] issued by Magistrate Judge Leo I. Brisbois. Magistrate Judge Brisbois recommends granting the Defendant Commissioner of Social Security's motion for summary judgment because the administrative "decision that Plaintiff was not disabled as defined by the Social Security Administration Act was supported by substantial evidence in the record as a whole." R&R at 25. Joseph P. filed objections to the Report and Recommendation. ECF No. 29. Defendant responded to those objections. ECF No. 30. Because Joseph P. has objected, the Court is required to review the Report and Recommendation de novo pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b)(3). The Court has undertaken that de novo review and has concluded that Magistrate Judge Brisbois's analysis and conclusions are correct.

Therefore, based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:

1. The Objections to the Report and Recommendation [ECF No. 29] are OVERRULED;

2. The Report and Recommendation [ECF No. 23] is ACCEPTED in full;

3. Plaintiff's Motion for Summary Judgment [ECF No. 13] is DENIED;

4. Defendant's Motion for Summary Judgment [ECF No. 16] is GRANTED;

5. The action is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

FootNotes


1. The current Commissioner of Social Security Andrew Saul is substituted for former Acting Commissioner Nancy Berryhill, because a "[public] officer's successor is automatically substituted as a party" and "[l]ater proceedings should be in the substituted party's name." Fed. R. Civ. P. 25(d).
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer