Foster v. U.S. Social Security Administration of W. Virginia Disability Determination Section, No. 2:2014cv29206 - Document 9 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER adopting 8 Proposed Findings and Recommendations by Magistrate Judge and that the plaintiffs action is dismissed. Signed by Judge John T. Copenhaver, Jr. on 12/18/2017. (cc: attys; any unrepresented party; Mag. Judge) (tmr)

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Foster v. U.S. Social Security Administration of W. Virginia Disability Determination Section Doc. 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON CARL C. FOSTER, Plaintiff, v. Civil Action No. 2:14-cv-29206 U.S. SOCIAL SECURITY ADMINISTRATION OF WEST VIRGINIA DISABILITY DETERMINATION SECTION, Defendant. MEMORANDUM OPINION AND ORDER This action was previously referred to Dwane L. Tinsley, United States Magistrate Judge, who has submitted his Proposed Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). The court has reviewed the Proposed Findings and Recommendation entered by the magistrate judge on November 3, 2017. The magistrate judge recommends that the court dismiss the plaintiff’s complaint according to Federal Rule of Civil Procedure 12(h)(3) and 28 U.S.C. § 1915(e)(2)(B). The plaintiff, proceeding pro se, has not objected to the Proposed Findings and Recommendation. Dockets.Justia.com Accordingly, it is ORDERED that the Proposed Findings and Recommendations be, and hereby is, adopted by the court, and that the plaintiff’s action be, and hereby is, dismissed. The Clerk is directed to forward copies of this written opinion and order to the pro se plaintiff, all counsel of record, and the United States Magistrate Judge. ENTER: December 18, 2017 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge 2

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