Steiner v. Berryhill, No. 3:2018cv00429 - Document 10 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 8 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 6 Brief in Support of Judgment on the Pleadings; granting Defendant's 7 Brief in Support of Judgment on the Pleadings/ Defendant's Decision; and dismissing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 2/22/2019. (cc: counsel of record; any unrepresented parties) (jsa)

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Steiner v. Berryhill Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TERENCE TROY STEINER, Plaintiff, v. CIVIL ACTION NO. 3:18-0429 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 an Amendment to the Proposed Findings and Recommendations (regarding objection requirements due to the government shutdown). The Magistrate Judge recommended that the Court deny Plaintiff’s request for judgment on the pleadings (ECF No. 6); grant Defendant’s request to affirm the decision of the Commissioner (ECF NO. 7); 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 and the amendment to the findings of the Magistrate Judge and DENIES Plaintiff’s request for judgment on the pleadings (ECF No. 6); GRANTS Defendant’s request to affirm the decision of the Commissioner (ECF NO. 7); and DISMISSES this action from the docket of the Court, Dockets.Justia.com 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: February 22, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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