Spaulding v. Saul, No. 3:2019cv00016 - Document 15 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 14 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 10 Brief in Support of Judgment on the Pleadings; granting the Commissioner's 13 Bri ef in Support of Judgment on the Pleadings/Defendant's Decision; affirming the decision of the Commissioner; dismissing this action, with prejudice; and removing it from the docket of the Court. Signed by Judge Robert C. Chambers on 10/11/2019. (cc: counsel of record; any unrepresented parties) (jsa)
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Spaulding v. Saul Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JESSIE J. SPAULDING, JR., Plaintiff, v. CIVIL ACTION NO. 3:19-00016 ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY,1 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 the Court deny Plaintiff’s request for judgment on the pleadings (ECF No. 10); grant the Commissioner’s request for judgment on the pleadings (ECF No. 13); affirm the decision of the Commissioner; dismiss this action, with prejudice, and remove it 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. 10); GRANTS the Commissioner’s request for judgment on the pleadings (ECF No. 13); 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also, Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) (stating action survives regardless of any change in the person occupying the Office of the Commissioner of Social Security). Dockets.Justia.com AFFIRMS the decision of the Commissioner; DISMISSES this action, with prejudice, and REMOVES it 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: October 11, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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