Spurlock v. Colvin

Filing 16

ORDER adopting 15 Proposed Findings and Recommendations by Magistrate Judge; denying Plaintiff's Motion for judgment on the pleadings; granting Comissioner's Motion for judgment on the pleadings; directing that this action is dismissed, with prejudice, from the docket of this Court. Signed by Judge John T. Copenhaver, Jr. on 12/19/2016. (cc: attys; Mag. Judge) (tmr)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON LEIGH ANN SPURLOCK, Plaintiff, v. Civil Action No. 2:15-13058 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 Omar J. Aboulhosn, entered on October 24, 2016; and the magistrate judge having recommended that the court affirm the final decision of the Commissioner; deny plaintiff’s motion for judgment on the pleadings; and grant the Commissioner’s motion for judgment on the pleadings; 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 2. Plaintiff’s motion for judgment on the pleadings be, and it hereby is, denied; certain events must occur: 01/28/2016 3. Motions under F.R. Civ. P. 12(b), together with supporting briefs, memoranda, affidavits, or other such matter in support thereof. (All motions unsupported by memoranda will be denied without The Commissioner’s motion Civ. P. 7.1 on the prejudice pursuant to L.R. for judgment (a)). 02/08/2016be, and it hereby Rule granted; Last day for is, 26(f) meeting. pleadings 02/15/20164. Last decision of the Commissioner be, and it hereby The day to file Report of Parties= Planning Meeting. See L.R. Civ. P. 16.1. is, affirmed; and 02/22/2016 Scheduling conference at 4:30 p.m. at the Robert C. 5. Byrd action is dismissed, with in Charleston, before The United States Courthouse prejudice, from the the undersigned, unless canceled. Lead counsel docket of this directed to appear. court. 02/29/2016 Entry of scheduling order. 03/08/2016The Clerk day directed to forward Pcopies of this written Last is to serve F.R. Civ. 26(a)(1) disclosures. opinion and order to all counsel of record and the United States The Clerk is requested to transmit this Order and Magistrate all counsel of record and to any unrepresented Notice to Judge. parties. DATED: December 19, 2016 January 5, 2016 John T. Copenhaver, Jr. United States District Judge

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