Smith-Williams v. Berryhill, No. 2:2016cv03556 - Document 16 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 15 Proposed Findings and Recommendation by Magistrate Judge; Plaintiff's 12 motion for judgment on the pleadings is denied; the Commissioner's 13 motion for judgment on t he pleadings is granted; the decision of the Commissioner is affirmed; and the action is dismissed, with prejudice, from the docket of this court. Signed by Judge John T. Copenhaver, Jr. on 4/4/2017. (cc: counsel of record; United States Magistrate Judge) (taq)
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Smith-Williams v. Berryhill Doc. 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON TERRIE LYNN SMITH-WILLIAMS Plaintiff, v. Civil Action No. 2:16-3556 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Cheryl A. Eifert, entered on March 6, 2017; and the magistrate judge having recommended that the court affirm the final decision of the Commissioner;1 deny plaintiff’s motion for judgment on the pleadings; and grant the Commissioner’s motion for judgment on the pleadings; and no objection having been filed to the Proposed Findings and Recommendation, it is ORDERED that: 1. The findings made in the Proposed Findings and Recommendation of the magistrate judge be, and they hereby are, adopted by the court and incorporated herein; While Carolyn W. Colvin was the Acting Commissioner of Social Security when plaintiff commenced this action, Nancy Berryhill became the Acting Commissioner on January 23, 2017. 1 Dockets.Justia.com 2. Plaintiff’s motion for judgment on the pleadings be, and it hereby is, denied; 3. The Commissioner’s motion for judgment on the pleadings be, and it hereby is, granted; 4. The decision of the Commissioner be, and it hereby is, affirmed; and 5. The action is dismissed, with prejudice, from the docket of this court. 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: January 5, 2016 DATED: April 4, 2017 John T. Copenhaver, Jr. United States District Judge
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