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)

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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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