Robertson v. Kijakazi, No. 3:2020cv00538 - Document 24 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 23 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's request for judgment on the pleadings in his 20 MOTION for Judgment on the Pleadings and [2 1] Brief in Support of Judgment on the Pleadings; granting the Commissioner's request for judgment on the pleadings in her 22 Brief in Support of 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 8/13/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Robertson v. Kijakazi Doc. 24 Case 3:20-cv-00538 Document 24 Filed 08/13/21 Page 1 of 2 PageID #: 2250 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION WAYNE ALAN ROBERTSON, Plaintiff, v. CIVIL ACTION NO. 3:20-0538 KILOLO KIJAKAZI, ACTING 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. 20); grant the Commissioner’s request for judgment on the pleadings (ECF No. 22); affirm the decision of the Commissioner; dismiss this action, with prejudice, and remove it from the docket of the Court. No objections to the Magistrate Judge’s findings and recommendations have been filed. 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. 20); GRANTS the Commissioner’s request for judgment on the pleadings (ECF No. 22); 1 Kilolo Kijakazi is now the Acting Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also 42 U.S.C. § 405(g) (stating that action survives regardless of any change in the person occupying the office of the Commissioner of Social Security). Dockets.Justia.com Case 3:20-cv-00538 Document 24 Filed 08/13/21 Page 2 of 2 PageID #: 2251 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 forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: August 13, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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