Burns v. Berryhill

Filing 19

MEMORANDUM OPINION AND ORDER adopting and incorporating the 18 Proposed Findings and Recommendations by Magistrate Judge; Plaintiff's request for judgment on the pleadings is denied; the Commissioner's request to affirm the decision of t he Commissioner is granted; the decision of the Commissioner is affirmed; this action is dismissed with prejudice and removed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 10/11/2017. (cc: all counsel of record; U.S. Magistrate Judge Omar J. Aboulhosn) (mks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
RHONDA SUZETTE BURNS,
Plaintiff,
v.

Civil Action No. 2:17-CV-01543

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 September 15, 2017; the magistrate judge
having recommended that the court affirm the final decision of
the Commissioner, deny plaintiff’s request for judgment on the
pleadings, and grant the defendant’s request to affirm the final
decision; 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 request 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 without
3.
The Commissioner’s request to affirm the decision
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
of the
02/08/2016Commissioner be, and it hereby is, granted;
Last day for Rule 26(f) meeting.
02/15/2016

Last day to file Report of Parties= be, and
4. The decision of the Commissioner Planning it hereby
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.
ByrdThe action be, and it hereby is, dismissed with
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
03/08/2016

Entry of scheduling order.
The Clerk is directed to forward copies of this
Last day to serve F.R. Civ. P 26(a)(1) disclosures.

written opinion and order to all counsel of record and United
The Clerk is requested to transmit this Order and
States all counsel of record and to any unrepresented
Notice to Magistrate Judge Omar J. Aboulhosn.
parties.
DATED: October 2016
DATED: January 5,11, 2017
John T. Copenhaver, Jr.
United States District Judge