Alderman v. Colvin

Filing 18

MEMORANDUM OPINION AND ORDER adopting the 17 Proposed Findings and Recommendation by Magistrate Judge; denying plaintiff's 12 motion for judgment on the pleadings; granting the Commissioner's 13 motion for judgment on the pleadings; affirming the decision of the Commissioner; and this action is dismissed, with prejudice, from the docket of this court. Signed by Judge John T. Copenhaver, Jr. on 12/22/2016. (cc: counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
DWIGHT ALAN ALDERMAN,
Plaintiff,
v.

Civil Action No. 2:15-15437

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 29, 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;

ORDER AND NOTICE
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
certain events must occur:
01/28/20162.

Plaintiff’s F.R. for P. 12(b), together with
Motions undermotion Civ. judgment on the pleadings
supporting briefs, memoranda, affidavits, or other
be, and it hereby is, denied; support thereof. (All motions
such matter in
unsupported by memoranda will be denied without
3. prejudice pursuant to L.R. for judgment (a)).
The Commissioner’s motion Civ. P. 7.1 on the
02/08/2016
Last day for is, 26(f) meeting.
pleadings be, and it hereby Rule granted;
02/15/20164.

Last day to of Report of Parties= and it
The decision filethe Commissioner be,Planning hereby
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
Last is to serve F.R. Civ.
26(a)(1) disclosures.
written opinion and order to all counsel of record and the
The Clerk is requested to transmit this Order and
United States Magistrate Judge. and to any unrepresented
Notice to all counsel of record
parties.
DATED: December 22, 2016
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge