Lipscomb v. Berryhill, No. 2:2016cv11573 - Document 13 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 12 Proposed Findings and Recommendation by Magistrate Judge; the plaintiff's 7 request for judgment on the pleadings is denied; the Commissioner's 10 request for judgment on the pleading s is granted; the Commissioner's decision is affirmed; the plaintiff's action is dismissed with prejudice and removed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 12/19/2017. (cc: counsel of record; United States Magistrate Judge) (taq)
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Lipscomb v. Berryhill Doc. 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA CLYDE HUBERT LIPSCOMB, Plaintiff, v. Civil Action No. 2:16-cv-11573 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was previously referred to Cheryl A. Eifert, United States Magistrate Judge, who has submitted her 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 August 30, 2017. The magistrate judge recommends that the court “deny Plaintiff’s request for judgment on the pleadings, grant the Commissioner’s request for judgment on the pleadings, affirm the decision of the Commissioner, dismiss this action, with prejudice, and remove it from the docket of the [court].” #12 at 21 (emphases and citations omitted).) (ECF The plaintiff, represented by counsel, has not objected to the Proposed Findings and Recommendation. Dockets.Justia.com Accordingly, it is ORDERED that: 1. The Proposed Findings and Recommendations be, and hereby is, adopted by the court; 2. The plaintiff’s request for judgment on the pleadings be, and hereby is, denied; 3. The Commissioner’s request for judgment on the pleadings be, and hereby is, granted; 4. The Commissioner’s decision be, and hereby is, affirmed; 5. The plaintiff’s action be, and hereby is, dismissed, with prejudice and removed from the docket of the 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. ENTER: December 19, 2017 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge 2
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