Foster v. Colvin, No. 2:2013cv14354 - Document 15 (S.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 14 Proposed Findings and Recommendations by Magistrate Judge, denying plaintiff's 10 Brief in Support of Judgment on the Pleadings, affirming the decision of the Commissioner. Signed by Judge John T. Copenhaver, Jr. on 9/3/2014. (cc: attys; United States Magistrate Judge) (tmh)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON SHAUN P. FOSTER, Plaintiff, v. Case No. 2:13-0014354 CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, entered on August 4, 2014; and the magistrate judge having recommended that the court deny plaintiff s brief (i.e., motion) in support of judgment on the pleadings and dismiss this matter from the court s docket; and no objection having been filed to the Proposed Findings and Recommendation, it is ORDERED that: 1. The findings made in the Proposed Findings and Recommendation of the magistrate judge be, and hereby are, adopted by the court and incorporated herein; 2. The plaintiff s brief or motion in support of judgment on the pleadings be, and hereby is, denied; 3. That the decision of the Commissioner be, and it hereby is, affirmed. The Clerk is directed to forward copies of this written opinion and order to all counsel of record and the United States Magistrate Judge. DATED: September 3, 2014 John T. Copenhaver, Jr. United States District Judge 2

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