Lucas et al v. Berryhill, No. 3:2017cv02954 - Document 17 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 16 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge Aboulhosn; denying Plaintiff's 12 Request for Judgment on the Pleadings; granting Defendant's 15 Request to affi rm the final decision of the Commissioner; affirming the final decision of the Commissioner; and dismissing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 12/11/2017. (cc: counsel of record; any unrepresented parties) (hkl)

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Lucas et al v. Berryhill Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION LINDA LUCAS O/B/O B.J.L., Plaintiff, v. CIVIL ACTION NO. 3:17-2954 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Omar J. Aboulhosn, 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 the Court deny Plaintiff’s request for judgment on the pleadings (ECF No. 12); grant Defendant’s request to affirm the decision of the Commissioner (ECF No. 15); affirm the final decision of the Commissioner; and dismiss this action 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 DENIES Plaintiff’s request for judgment on the pleadings (ECF No. 12); GRANTS Defendant’s request to affirm the decision of the Commissioner (ECF No. 15); AFFIRMS the final decision of the Commissioner; and DISMISSES this action from the docket of the Court, consistent with the findings and recommendations. Dockets.Justia.com The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: December 11, 2017 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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