Todd v. Colvin

Filing 13

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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON TERESA ANN TODD Plaintiff, v. Civil Action No. 2:16-6184 NANCY A. BERRYHILL, 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 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: 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: 2. Plaintiff’s motion for judgment on the pleadings 01/28/2016 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 3. The Commissioner’s motion for judgment without prejudice pursuant to L.R. Civ. P. 7.1 (a)). pleadings be, and it hereby Rule granted; 02/08/2016 Last day for is, 26(f) meeting. 02/15/2016 4. 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 02/22/2016 Scheduling conference at 4:30 p.m. at the Robert C. 5. 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. court. 02/29/2016 Entry of scheduling order. The Clerk is directed to forward copies of this 03/08/2016 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 parties. DATED: August 8, 5, 2016 DATED: January 2017 John T. Copenhaver, Jr. United States District Judge

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