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)

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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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