Frye v. Colvin

Filing 13

MEMORANDUM OPINION AND ORDER directing that the 12 Proposed Findings and Recommendation of the Magistrate Judge are adopted and incorporated herein; and the plaintiff's 2 complaint is dismissed without prejudice, and with leave to refile a new action in this court within 30 days. Signed by Judge John T. Copenhaver, Jr. on 8/27/2015. (cc: counsel of record; any unrepresented parties; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
KEITH LEE FRYE,
Plaintiff,
v.

Civil Action No. 2:13-07796

CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L.
Tinsley, entered on August 5, 2015; and the magistrate judge
having recommended that the court dismiss Plaintiff’s complaint
without prejudice, and dismiss this matter from the court’s
docket; and no objection having been filed to the Proposed
Findings and Recommendation, it is ORDERED that:
1. The findings made in the Proposed Findings and
Recommendation of the magistrate judge be, and they hereby are,
adopted by the court and incorporated herein; and
2. The Plaintiff’s complaint be, and it hereby is,
dismissed without prejudice, and with leave to refile a new
action in this court within thirty (30) days.

The Clerk is directed to forward copies of this
written opinion and order to all counsel of record, any
unrepresented parties, and the United States Magistrate Judge.
DATED: August 27, 2015

John T. Copenhaver, Jr.
United States District Judge