Tereault v. Kijakazi ( 2021 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Troy T., Case No. 20-cv-1599 (WMW/KMM) Plaintiff, ORDER ADOPTING REPORT AND v. RECOMMENDATION Kilolo Kijakazi, Acting Commissioner of Social Security,1 Defendant. Before the Court is the August 16, 2021 Report and Recommendation (R&R) of United States Magistrate Judge Katherine M. Menendez. (Dkt. 40.) The R&R recommends granting Plaintiff Troy T.’s motion for attorneys’ fees. No objections have been filed. In the absence of objections to the R&R, this Court reviews the R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error. Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The August 16, 2021 R&R, (Dkt. 40), is ADOPTED. 2. Plaintiff’s motion for attorneys’ fees, (Dkt. 32), is GRANTED. 1 “An action does not abate when a public officer who is a party in an official capacity . . . ceases to hold office while the action is pending. The officer’s successor is automatically substituted as a party. Later proceedings should be in the substituted party’s name.” Fed. R. Civ. P. 25(d). 3. Defendant shall pay Plaintiff’s attorneys’ fees in the amount of $5,220.50, subject to offset to satisfy any pre-existing debt owed to the United States, within 60 days. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: October 13, 2021 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge