Clifton v. Astrue, No. 3:2008cv01118 - Document 12 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the Findings and Recommendation of Magistrate Judge Taylor and denies the plaintiff's 9 motion for judgment on the pleadings and grants the like 10 motion of the defendant and affirms the decision of the Commissioner consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 3/2/2010. (cc: attys; any unrepresented parties) (dcm) (Modified on 3/4/2010 to add links to #9 and #10 briefs and clarify text) (mkw).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION WILLIAM B. CLIFTON, JR., Plaintiff, v. CIVIL ACTION NO. 3:08-1118 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND 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. ยง 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 forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: March 2, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE
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