Tomblin v. Berryhill, No. 3:2016cv12412 - Document 15 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 14 Proposed Findings and Recommendation of Magistrate Judge Aboulhosn; DENYING Claimant's 12 Motion for Judgment on the Pleadings; GRANTING Defendant's request in the 13 Br ief in Support of Defendant's Decision; AFFIRMING the final decision of the Commissioner, and DISMISSING this matter from the Court's docket, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 7/6/2017. (cc: attys; any unrepresented parties) (mkw)

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Tomblin v. Berryhill Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DARELL GENE TOMBLIN II, Plaintiff, v. CIVIL ACTION NO. 3:16-12412 NANCY A. BERRYHILL,1 Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations 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 deny the Claimant’s Motion for Judgment on the Pleadings (ECF No. 12), grant Defendant’s request in the Brief in Support of Defendant’s Decision (ECF No. 13), affirm the final decision of the Commissioner, and dismiss this matter from the Court’s docket. Neither party has filed objections to the Magistrate Judge’s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and DENIES the Claimant’s Motion for Judgment on the Pleadings (Brief 1 At the time this civil action was filed, Carolyn W. Colvin was serving as the Acting Commissioner of Social Security. Dockets.Justia.com in Support of Judgment on the Pleadings) (ECF No. 12), GRANTS Defendant’s request in the Brief in Support of Defendant’s Decision (ECF No. 13), AFFIRMS the final decision of the Commissioner, and DISMISSES this matter from the Court’s docket, consistent with the findings and recommendations. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: -2- July 6, 2017

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