Bonecutter v. Astrue, No. 3:2009cv00608 - Document 12 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER granting 7 MOTION to Dismiss; adopting re 11 Proposed Findings and Recommendations; Dismisses this case from the Court's docket, consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 2/19/2010. (cc: attys; any unrepresented party) (skm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION BRENT JUSTIN BONECUTTER, Plaintiff, v. CIVIL ACTION NO. 3:09-0608 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 Defendant s motion to dismiss be granted and that this case be dismissed and retired from the Court s docket. 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 GRANTS Defendant s motion to dismiss and DISMISSES this case from the Court s docket, 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: February 19, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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