Lafferty v. Berryhill

Filing 22

MEMORANDUM OPINION AND ORDER adopting and incorporating the 21 Proposed Findings and Recommendation by Magistrate Judge; the plaintiff's 18 request for judgment on the pleadings is denied; the defendant's 19 request to affirm th e 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 6/15/2018. (cc: counsel of record; United States Magistrate Judge Omar J. Aboulhosn) (taq)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON AMANDA ANN LAFFERTY, Plaintiff, v. Civil Action No. 2:17-cv-2201 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendations of United States Magistrate Judge Omar J. Aboulhosn, entered on November 1, 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 plaintiff’s request for judgment on the 01/28/2016 Motions under F.R. Civ. 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 to affirmdenied without of 3. The defendant’s request will be the decision prejudice pursuant to L.R. Civ. P. 7.1 (a)). the Commissioner be,day for Rule 26(f) meeting. 02/08/2016 Last and it hereby is, granted; 4. 02/15/2016 The day decision of the Parties= Planning Last finalto file Report of 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. 5. This action be, and it hereby is, dismissed before Byrd United States Courthouse in Charleston, and the undersigned, unless canceled. Lead counsel removed from the docket to appear. directed of the 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 United The Clerk is requested to transmit this Order and States Magistrate Judge Omar J. Aboulhosn. Notice to all counsel of record and to any unrepresented parties. DATED: June 15, 2018 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge 2

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