Whittington v. Astrue, No. 3:2008cv00915 - Document 12 (S.D.W. Va. 2009)

Court Description: ORDER adopting Findings and Recommendations re 11 Proposed Findings and Recommendations of the Magistrate Judge; Denies the Plaintiff's motion for judgment on the pleadings, Grants the like motion of the Defendant and Affirms the decision of the Commissioner consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 9/17/2009. (cc: attys; any unrepresented party, Magistrate Judge Taylor) (skm)

Download PDF
Whittington v. Astrue Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JOYCE M. WHITTINGTON, Plaintiff, v. CIVIL ACTION NO. 3:08-0915 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER This action was referred to the Honorable Maurice G. Taylor, Jr., United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the plaintiff’s motion for judgment on the pleadings be denied, that the like motion of the defendant be granted and the decision of the Commissioner be affirmed. Neither party has filed objections to the Magistrate Judge’s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES the plaintiff’s motion for judgment on the pleadings, GRANTS the like motion of the defendant and AFFIRMS the decision of the Commissioner consistent with the findings and recommendation. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Taylor, counsel of record, and any unrepresented parties. ENTER: September 17, 2009 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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.