Naylor v. Astrue, No. 2:2009cv00308 - Document 18 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 16 Proposed Findings and Recommendation; denying the plaintiff's 11 motion for judgment on the pleadings, granting the defendant's 12 motion for judgment on the pleadings, aff irming the final decision of the Commissioner, and dismissing this action from the court's docket. Signed by Judge Joseph R. Goodwin on 3/3/2010. (cc: attys; any unrepresented party) (taq) (Modified on 3/4/2010 to add links to #11 and #12 Briefs) (mkw).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION BILLY J. NAYLOR, JR., Plaintiff, v. CIVIL ACTION NO. 2:09-cv-00308 MICHAEL J. ASTRUE Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the court deny the plaintiff s motion for judgment on the pleadings, grant the defendant s motion for judgment on the pleadings, affirm the final decision of the Commissioner, and dismiss this action from the court s docket [Docket 16]. On February 4, 2010, the plaintiff filed timely objections to the Magistrate Judge s findings and recommendation. The court has reviewed de novo those portions of the Magistrate Judge s findings and recommendation to which the plaintiff objects and finds that the objections lack merit. The court therefore ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge. The court DENIES the plaintiff s motion for judgment on the pleadings, GRANTS the defendant s motion for judgment on the pleadings, AFFIRMS the final decision of the Commissioner, and DISMISSES this action from the court s docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: -2- March 3, 2010
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