Adkins v. Berryhill, No. 3:2017cv01187 - Document 12 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating 11 Proposed Findings and Recommendations by Magistrate Judge Cheryl A. Eifert; denying Plaintiff's 9 Motion for judgment on pleadings; granting Defendant's 10 Motion for judgment in the pleadings; affirming the final decision of the Commissioner; dismissing this action, with prejudice, from the docket of the Court. Signed by Judge Robert C. Chambers on 12/19/2017. (cc: counsel of record; any unrepresented parties) (hkl)
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Adkins v. Berryhill Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JASON A. ADKINS, Plaintiff, v. CIVIL ACTION NO. 3:17-1187 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Plaintiff’s motion for judgment on the pleadings be denied (ECF No. 9); Defendant’s motion for judgment on the pleadings as articulated in her brief in support of Commissioner’s decision be granted (ECF No. 10); the final decision of the Commissioner be affirmed; and this action be dismissed, with prejudice, and removed from the docket of the Court. Neither party has filed objections to the Magistrate Judge’s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and ORDERS that Plaintiff’s motion for judgment on the pleadings be DENIED (ECF No. 9); Defendant’s motion for judgment on the pleadings as articulated in her brief in support of Commissioner’s decision be GRANTED (ECF No. 10); the final decision of Dockets.Justia.com the Commissioner be AFFIRMED; and this action be DISMISSED, with prejudice, and removed from the docket of the Court, consistent with the findings and recommendations. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: December 19, 2017 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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