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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?