Clark v. Colvin

Filing 18

MEMORANDUM OPINION AND ORDER: It is ORDERED that the 17 Proposed Findings and Recommendations of the Magistrate Judge be, and hereby are, adopted by the court and incorporated herein. Plaintiff's 12 motion for judgment on the pleadings is denied; the Commissioner's 13 motion for judgment on the pleading is granted; the decision of the Commissioner is affirmed; and 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; any unrepresented party) (msa)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
DARRELL LEE CLARK,
Plaintiff,
v.

Civil Action No. 2:15-14654

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 November 22, 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)).

02/08/2016
Last hereby is, 26(f) meeting.
pleadings be, and itday for Rule granted;
02/15/2016
4.

Last decisionfile the Commissioner be, and it hereby
The day to of 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.
Byrd action is dismissed, with in Charleston, before
5.
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.

The Clerk day directed to forward P 26(a)(1) this written
03/08/2016
Last is to serve F.R. Civ. copies of 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
DATED: January 5,
John T. Copenhaver, Jr.
United States District Judge