Lipscomb v. Colvin

Filing 13

MEMORANDUM OPINION AND ORDER adopting the 12 Proposed Findings and Recommendation by Magistrate Judge; the plaintiff's 7 request for judgment on the pleadings is denied; the Commissioner's 10 request for judgment on the pleading s is granted; the Commissioner's decision is affirmed; the plaintiff's action is dismissed with prejudice and removed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 12/19/2017. (cc: counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA

CLYDE HUBERT LIPSCOMB,
Plaintiff,
v.

Civil Action No. 2:16-cv-11573

NANCY A. BERRYHILL, Acting
Commissioner of the Social
Security Administration,
Defendant.

MEMORANDUM OPINION AND ORDER
This action was previously referred to Cheryl A.
Eifert, United States Magistrate Judge, who has submitted her
Proposed Findings and Recommendation pursuant to the provisions
of 28 U.S.C. § 636(b)(1)(B).

The court has reviewed the Proposed Findings and
Recommendation entered by the magistrate judge on August 30,
2017.

The magistrate judge recommends that the court “deny

Plaintiff’s request for judgment on the pleadings, grant the
Commissioner’s request for judgment on the pleadings, affirm the
decision of the Commissioner, dismiss this action, with
prejudice, and remove it from the docket of the [court].”
#12 at 21 (emphases and citations omitted).)

The plaintiff,

represented by counsel, has not objected to the Proposed
Findings and Recommendation.

(ECF

an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
Defendants.
Accordingly, it is ORDERED that:
ORDER AND NOTICE
1. Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
The Proposed Findings and Recommendations be, and hereby
following dates are hereby fixed as the time by or on which
certain events adopted by the court;
is, must occur:
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
2. The supporting briefs, memoranda, affidavits, or other be,
plaintiff’s request for judgment on the pleadings
such matter in support thereof. (All motions
and unsupported denied;
hereby is, by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
3. The Commissioner’s request for judgment on the pleadings
02/08/2016
Last day for Rule 26(f) meeting.
be, and hereby is, granted;
02/15/2016
Last day to file Report of Parties= Planning
4. The Meeting. See L.R. Civ. P. 16.1. hereby is, affirmed;
Commissioner’s decision be, and
02/22/2016 The Scheduling conference at 4:30 p.m. is, the Robert C.
5.
plaintiff’s action be, and hereby at dismissed, with
Byrd United States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
prejudice and removed from the docket of the court.
directed to appear.
02/29/2016

Entry Clerk is directed to forward copies of this
The of scheduling order.

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
United States Magistrate Judge.transmit this Order and
Notice to all counsel of record and to any unrepresented
parties.

ENTER: December 19, 2017
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge

2