Dillon v. Colvin
MEMORANDUM OPINION AND ORDER accepting and incorporating the 22 Proposed Findings and Recommendation by Magistrate Judge; denying plaintiff's 20 request for summary judgment; granting defendant's 21 request to affirm the decision of the Commissioner; affirming the final decision of the Commissioner; and dismissing this action from the docket of the Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 9/14/2017. (cc: counsel of record; any unrepresented parties) (taq)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
BARRY JASON DILLON,
CIVIL ACTION NO. 2:16-4330
NANCY A. BERRYHILL,1
Acting Commissioner of the
Social Security Administration,
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate
Judge, for submission to this Court of proposed findings of fact and recommendations for
disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings
of fact and recommended that the Court deny Plaintiff’s request for summary judgment (ECF No.
20), grant Defendant’s request to affirm the decision of the Commissioner (ECF No. 21), affirm
the final decision of the commissioner, and dismiss this action from the docket of the Court.
Neither party has filed objections to the Magistrate Judge’s findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendations
of the Magistrate Judge and DENIES Plaintiff’s request for summary judgment (ECF No. 20),
GRANTS Defendant’s request to affirm the decision of the Commissioner (ECF No. 21),
At the time this civil action was filed, Carolyn W. Colvin was serving as the Acting Commissioner
of Social Security.
AFFIRMS the final decision of the commissioner, and DISMISSES this action from the docket
of the Court, consistent with the findings and recommendations.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
September 14, 2017
ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE
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