Fortner v. Astrue, No. 3:2011cv00585 - Document 13 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge 12 ; Grants Defendant's Motion for Judgment on the Pleadings 11 ; Denies Plaintiff's Motion for Judgment on the Pleadings 10 ; Affirms the final decision of the Commissioner, and Dismisses this action from the docket of the Court consistant with the findings and recommendations. Signed by Judge Robert C. Chambers on 11/1/2012. (cc: attys; any unrepresented party) (skm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DONNA LYNN FORTNER, Plaintiff, v. CIVIL ACTION NO. 3:11-0585 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ' 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court grant Defendant s Motion for Judgment on the Pleadings (ECF No. 11), deny Plaintiff s Motion for Judgment on the Pleadings (ECF No. 10), affirm the final decision of the Commissioner, and dismiss this action from the docket of the Court. Neither party has filed objections to the Magistrate Judge=s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and GRANTS Defendant s Motion for Judgment on the Pleadings (ECF No. 11), DENIES Plaintiff s Motion for Judgment on the Pleadings (ECF No. 10), AFFIRMS the final decision of the Commissioner, and DISMISSES this action from the docket of the Court, consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: November 1, 2012 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE 2 3

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