Swimm v. Astrue, No. 3:2009cv00811 - Document 14 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER adopting Findings and Recommendations re 13 Proposed Findings and Recommendations; Affirming the final decision of the Commissioner and Dismisses this matter from the Court's docket, consistent with the findings and recommendation. Signed by Magistrate Judge Mary E. Stanley on 8/5/2010. (cc: attys; any unrepresented party) (skm)

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Swimm v. Astrue Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JOHN D. SWIMM, Plaintiff, v. CIVIL ACTION NO. 3:09-0811 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Mary E. Stanley, 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 Court affirm the final decision of the Commissioner and dismiss this matter 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 AFFIRMS the final decision of the Commissioner and DISMISSES this matter 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: August 5, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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