Todd v. Colvin
MEMORANDUM OPINION AND ORDER the Court ADOPTS the 12 Proposed Findings and Recommendations; DENIES plaintiff's 10 motion for judgment on the pleadings; GRANTS the Commissioner's 11 motion for judgment on the pleadings; AFFIRMS the decision of the Commissioner; and DISMISSES this action with prejudice. Signed by Judge John T. Copenhaver, Jr. on 8/8/2017. (cc: all counsel of record; Magistrate Judge Tinsley) (mks)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
TERESA ANN TODD
Civil Action No. 2:16-6184
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L.
Tinsley, entered on July 18, 2017; 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:
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:
Plaintiff’s motion for judgment on the pleadings
Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
be, and it hereby is, denied;
such matter in support thereof. (All motions
unsupported by memoranda will be denied on the
The Commissioner’s motion for judgment without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
pleadings be, and it hereby Rule granted;
Last day for is, 26(f) meeting.
Last day to of the Commissioner be, and it
The decision file Report of Parties= Planninghereby
Meeting. See L.R. Civ. P. 16.1.
is, affirmed; and
Scheduling conference at 4:30 p.m. at the Robert C.
The United States Courthouse prejudice, from the
Byrd action is dismissed, with in Charleston, before
the undersigned, unless canceled. Lead counsel
docket of this directed to appear.
Entry of scheduling order.
The Clerk is directed to forward copies of this
Last day to serve F.R. Civ. P 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
DATED: August 8, 5, 2016
DATED: January 2017
John T. Copenhaver, Jr.
United States District Judge
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