McComas v. Berryhill
Filing
12
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS the 11 Proposed Findings and Recommendations of the magistrate judge are adopted by the court and incorporated herein; the plaintiff's 9 request for judgment on the pleadings is denied, th e Commissioner's 10 request to affirm the decision of the Commissioner is granted; the final decision of the Commissioner is affirmed; and this action is dismissed and removed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 10/30/2017. (cc: counsel of record; Magistrate Judge Cheryl A. Eifert) (kp)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
REBECCA KAY MCCOMAS,
Plaintiff,
v.
Civil Action No. 2:17-CV-00083
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.
ORDER
The court having received the Proposed Findings and
Recommendations of United States Magistrate Judge Cheryl A.
Eifert, entered on October 4, 2017; and the magistrate judge
having recommended that the court deny the plaintiff’s request
for judgment on the pleadings, grant the defendant’s request to
affirm the final decision of the Commissioner, and affirm the
final decision; and no objection having been filed to the
Proposed Findings and Recommendations, it is ORDERED that:
1.
The findings made in the Proposed Findings and
Recommendations 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.
The under F.R. request for judgment on the
Motions plaintiff’sCiv. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
pleadings be, and it hereby is, denied;
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
3.
The Commissioner’s request P. 7.1 (a)).
prejudice pursuant to L.R. Civ.to affirm the decision
01/28/2016
02/08/2016 Commissioner be, and it hereby is, granted;
Last day for Rule 26(f) meeting.
of the
02/15/2016
Last day to file Report of Parties= Planning
4.
The final decision of the Commissioner be, and it
Meeting. See L.R. Civ. P. 16.1.
hereby is, affirmed; and
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
ByrdThis action be,Courthouse in Charleston, before
United States and it hereby is, dismissed and
5.
the undersigned, unless canceled. Lead counsel
directed to of the
removed from the docketappear. court.
02/29/2016
03/08/2016
Entry of scheduling order.
The Clerk is directed toCiv. P 26(a)(1) of this
Last day to serve F.R. forward copies disclosures.
written The Clerkand order to all counsel of record and United
opinion is requested to transmit this Order and
Notice to Magistrate Judge Cheryl A.to any unrepresented
States all counsel of record and Eifert.
parties.
DATED: January 5,30, 2017
DATED: October 2016
John T. Copenhaver, Jr.
United States District Judge
2
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