Burdette v. Astrue
Filing
17
MEMORANDUM OPINION AND ORDER adopting and incorporating the 15 Proposed Findings and Recommendation of the Magistrate Judge; the court DENIES the plaintiff's 13 motion for judgment on the pleadings, AFFIRMS the final decision of the Commissi oner, GRANTS the defendant's 14 motion for judgment on the pleadings, and DISMISSES this action from the court's docket. Signed by Judge Joseph R. Goodwin on 2/1/2010. (cc: Magistrate Judge Stanley; attys; any unrepresented party) (taq) (Modified on 2/2/2010 to add link to #13 and #14 briefs) (mkw).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION LEAH LOVELLE BURDETTE, Plaintiff, v. MICHAEL J. ASTRUE Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge submitted findings of fact and recommended that the court deny the plaintiff's motion for judgment on the pleadings, affirm the final decision of the Commissioner, grant the defendant's motion for judgment on the pleadings, and dismiss this action from the court's docket. The plaintiff filed timely objections to the Magistrate Judge's findings and recommendation. The court has reviewed de novo those portions of the Magistrate Judge's findings and recommendation to which the plaintiff objects and FINDS that the objections lack merit. The court therefore ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge. The court DENIES the plaintiff's motion for judgment on the pleadings, AFFIRMS the final decision of the Commissioner, GRANTS the defendant's motion for judgment on the pleadings, and DISMISSES this action from the court's docket. CIVIL ACTION NO. 2:09-cv-00071
The court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Stanley, counsel of record, and any unrepresented party. ENTER: February 1, 2010
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