Varney v. Berryhill, No. 2:2017cv03012 - Document 12 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 11 Proposed Findings and Recommendation by Magistrate Judge; the plaintiff's 9 request for judgment on the pleadings is denied; the defendant's 10 request to affirm the Commissioner's final decision is granted; and this matter is dismissed from the court's docket. Signed by Judge John T. Copenhaver, Jr. on 12/19/2017. (cc: counsel of record; United States Magistrate Judge) (taq)

Download PDF
Varney v. Berryhill Doc. 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON CECELIA R. VARNEY o/b/o J.J.V., Next of Kin of Stephen Rufus Varney, Plaintiff, v. Civil Action No. 2:17-cv-03012 NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER This action was previously referred to Omar J. Aboulhosn, 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 13, 2017. The magistrate judge recommends that the court “deny the Claimant’s request for Judgment on the Pleadings, grant the Defendant’s request to affirm the final decision, affirm the final decision of the Commissioner, and dismiss this matter from the [court’s] docket.” The plaintiff, represented by counsel, has not objected to the Proposed Findings and Recommendation. Accordingly, it is ORDERED that Dockets.Justia.com 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 defendant’s request to affirm the Commissioner’s final decision be, and hereby is, granted; and 4. This matter be, and hereby is, dismissed from the court’s docket. 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.