Burton v. Kijakazi, No. 3:2020cv00794 - Document 14 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 13 Proposed Findings and Recommendations by Magistrate Judge Cheryl A. Eifert; denying Plaintiff's 11 request for judgment on the pleadings; GRANTS the Commissioner's 12 request for judgment on the pleadings; AFFIRMS the decision of the Commissioner; DISMISSES this action, with prejudice; and REMOVES it from the docket of the Court. Signed by Judge Robert C. Chambers on 11/8/2021. (cc: counsel of record; any unrepresented parties) (hkl)
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Burton v. Kijakazi Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TINA LOUISE BURTON, Plaintiff, v. CIVIL ACTION NO. 3:20-0794 KILOLO KIJAKAZI, 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 the Court deny Plaintiff’s request for judgment on the pleadings (ECF No. 11); grant the Commissioner’s request for judgment on the pleadings (ECF No. 12); 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. 11); GRANTS the Commissioner’s request for judgment on the pleadings (ECF No. 12); 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. Dockets.Justia.com The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: November 8, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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