Gilliam v. Berryhill
Filing
16
MEMORANDUM OPINION AND ORDER adopting and incorporating the 15 Proposed Findings and Recommendation by Magistrate Judge; Plaintiff's 13 motion for judgment on the pleadings is denied; the Commissioner's 14 motion for judgment on the pleadings is granted; the decision of the Commissioner is affirmed; and the action is dismissed, with prejudice, from the docket of this court. Signed by Judge John T. Copenhaver, Jr. on 8/23/2017. (cc: counsel of record; United States Magistrate Judge) (taq)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
EMMA LOU GILLIAM,
Plaintiff,
v.
Civil Action No. 2:17-0603
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 Omar J.
Aboulhosn, entered on July 25, 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
3. 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;
02/08/2016
Last day for is, 26(f) meeting.
02/15/20164.
The decision file Report of Parties= Planning hereby
Last day to of the Commissioner be, and it
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. Byrd action is dismissed, with in Charleston, before
The United States Courthouse prejudice, from the
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.
Notice to all counsel of record and to any unrepresented
parties.
DATED: August 23, 2017
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge
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