Foster v. U.S. Social Security Administration of W. Virginia Disability Determination Section
Filing
9
MEMORANDUM OPINION AND ORDER adopting 8 Proposed Findings and Recommendations by Magistrate Judge and that the plaintiffs action is dismissed. Signed by Judge John T. Copenhaver, Jr. on 12/18/2017. (cc: attys; any unrepresented party; Mag. Judge) (tmr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
CARL C. FOSTER,
Plaintiff,
v.
Civil Action No. 2:14-cv-29206
U.S. SOCIAL SECURITY
ADMINISTRATION OF WEST VIRGINIA
DISABILITY DETERMINATION SECTION,
Defendant.
MEMORANDUM OPINION AND ORDER
This action was previously referred to Dwane L.
Tinsley, United States Magistrate Judge, who has submitted his
Proposed Findings and Recommendation pursuant to the provisions
of 28 U.S.C. § 636(b)(1)(B).
The court has reviewed the Proposed Findings and
Recommendation entered by the magistrate judge on November 3,
2017.
The magistrate judge recommends that the court dismiss
the plaintiff’s complaint according to Federal Rule of Civil
Procedure 12(h)(3) and 28 U.S.C. § 1915(e)(2)(B).
The
plaintiff, proceeding pro se, has not objected to the Proposed
Findings and Recommendation.
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
02/08/2016
Last day for Rule 26(f) meeting.
02/15/2016
Last day to file Report of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
Accordingly, it is ORDERED that the Proposed Findings
02/22/2016
Scheduling be, and hereby is, adopted by Robert C.
and Recommendations conference at 4:30 p.m. at the the court, and
Byrd United States Courthouse in Charleston, before
that the the undersigned, unless and hereby is, dismissed.
plaintiff’s action be, canceled. Lead counsel
directed to appear.
02/29/2016
Entry of scheduling order.
The Clerk is directed to forward copies of this
03/08/2016
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
written opinion and order to the pro se plaintiff, all counsel
The Clerk is requested to transmit this Order and
of record, and the United States Magistrate Judge.
Notice to all counsel of record and to any unrepresented
parties.
ENTER: December 18, 2017
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge
2
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