Pennington v. Colvin

Filing 16

MEMORANDUM OPINION AND ORDER adopting and incorporating the 15 Proposed Findings and Recommendations by Magistrate Judge, denying plaintiff's 12 BRIEF IN SUPPORT OF JUDGMENT ON THE PLEADINGS, granting the commissioner's 13 BRIEF IN SUPPORT OF DEFENDANT'S DECISION, and affirming the decision of the Commissioner. Signed by Judge John T. Copenhaver, Jr. on 3/16/2015. (cc: counsel of record; United States Magistrate Judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

RICHARD ALLEN PENNINGTON,
Plaintiff,
v.

Civil Action No. 2:14-8307

CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

ORDER

The court having received the Proposed Findings and
Recommendation of United States Magistrate Dwane L. Tinsley, entered
on February 23, 2015; and the magistrate judge having recommended
that the court affirm the final decision of the commissioner 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 Proposed Findings and Recommendation of the magistrate
judge be, and hereby are, adopted by the court and
incorporated herein;

2.

The plaintiff’s motion for judgment on the pleadings be,
and hereby is, denied;

3.

The commissioner’s motion for judgment on the pleadings
be, and hereby is, granted; and

4.

The decision of the Commissioner be, and hereby is,
affirmed.

The Clerk is directed to forward copies of this written
opinion and order to all counsel of record and the United States
Magistrate Judge.
DATED: March 16, 2015

John T. Copenhaver, Jr.
United States District Judge

2