Pennington v. Colvin, No. 2:2014cv08307 - Document 16 (S.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 15 Proposed Findings and Recommendations by Magistrate Judge, denying plaintiff's 12 BRIEF IN SUPPORT OF JUDGMENT ON THE PLEADINGS, granting the commissioner's 13 BRIEF IN SUPPORT OF DEFENDANT'S DECISION, and affirming the decision of the Commissioner. Signed by Judge John T. Copenhaver, Jr. on 3/16/2015. (cc: counsel of record; United States Magistrate Judge) (tmh)
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Pennington v. Colvin Doc. 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON RICHARD ALLEN PENNINGTON, Plaintiff, v. Civil Action No. 2:14-8307 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Dwane L. Tinsley, entered on February 23, 2015; and the magistrate judge having recommended that the court affirm the final decision of the commissioner 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 Proposed Findings and Recommendation of the magistrate judge be, and hereby are, adopted by the court and incorporated herein; 2. The plaintiff’s motion for judgment on the pleadings be, and hereby is, denied; 3. The commissioner’s motion for judgment on the pleadings be, and hereby is, granted; and 4. The decision of the Commissioner be, and 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: March 16, 2015 John T. Copenhaver, Jr. United States District Judge 2