McDaniel v. Kijakazi, No. 3:2023cv00328 - Document 12 (S.D.W. Va. 2023)
Court Description: MEMORANDUM OPINION AND ORDER accepts and incorporates herein the 11 Proposed Findings and Recommendation by Magistrate Judge Aboulhosn; denying Plaintiff's 8 request for remand; granting Defendant's 9 request to affirm the decision of the Commissioner; affirming the final decision of the Commissioner; and dismissing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 9/28/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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McDaniel v. Kijakazi Doc. 12 Case 3:23-cv-00328 Document 12 Filed 09/28/23 Page 1 of 2 PageID #: 685 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION ELAINE M., Plaintiff, v. CIVIL ACTION NO. 3:23-0328 KILOLO KIJAKAZI, 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 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 deny Plaintiff’s request for remand (ECF No. 8), grant Defendant’s request to affirm the decision of the Commissioner (ECF No. 9), affirm the final decision of the Commissioner, and dismiss this matter from the Court’s docket. No objections to the Magistrate Judge’s findings and recommendation have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Plaintiff’s request for remand (ECF No. 8), GRANTS Defendant’s request to affirm the decision of the Commissioner (ECF No. 9), AFFIRMS the final decision of the Commissioner, and DISMISSES this matter from the Court’s docket, consistent with the findings and recommendation. Dockets.Justia.com Case 3:23-cv-00328 Document 12 Filed 09/28/23 Page 2 of 2 PageID #: 686 The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: September 28, 2023 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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