Walker v. Berryhill

Filing 13

MEMORANDUM OPINION AND ORDER adopting the 12 Proposed Findings and Recommendation by Magistrate Judge; the plaintiff's 10 request for judgment on the pleadings is denied; the Commissioner's 11 request for judgment on the pleadings is granted; the Commissioner's decision is affirmed; and the plaintiff's action is dismissed with prejudice 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) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA

ROBERT KENNETH WALKER,
Plaintiff,
v.

Civil Action No. 2:17-cv-02442

NANCY A. BERRYHILL, Acting
Commissioner of the Social
Security Administration,
Defendant.

MEMORANDUM OPINION AND ORDER
This action was previously referred to Cheryl A.
Eifert, United States Magistrate Judge, who has submitted her
Proposed Findings and Recommendation (“PF&R”) pursuant to the
provisions of 28 U.S.C. § 636(b)(1)(B).

The court has reviewed the Proposed Findings and
Recommendation entered by the magistrate judge on April 25,
2018.

The magistrate judge recommends that the court “deny

Plaintiff’s request for judgment on the pleadings; grant the
Commissioner’s request for judgment on the pleadings; affirm the
decision of the Commissioner; dismiss this action, with
prejudice, and remove it from the docket of the court.”
38 (emphases and citations omitted).)

The plaintiff,

represented by counsel, has not objected to the PF&R.

(PF&R

a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
Defendants.
ORDER AND NOTICE
Accordingly, it is ORDERED that:
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 1. The PF&R be, and hereby is, adopted by the court;
events must occur:
01/28/2016 The Motions under F.R. Civ. P. 12(b), on the pleadings be,
2.
plaintiff’s request for judgment together with
supporting briefs, memoranda, affidavits, or other
and such matter denied;
hereby is, in support thereof. (All motions
unsupported by memoranda will be denied without
3. The prejudice pursuant to L.R. Civ. P. 7.1 (a)).
Commissioner’s request for judgment on the pleadings
02/08/2016

Last day for Rule 26(f) meeting.
be, and hereby is, granted;
02/15/2016
Last day to file Report of Parties= Planning
4. The Meeting. See L.R. Civ. P. 16.1. hereby is, affirmed;
Commissioner’s decision be, and
02/22/2016 and Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United States Courthouse in Charleston, before
5. The the undersigned, unless and hereby is, dismissed, with
plaintiff’s action be, canceled. Lead counsel
directed to appear.
prejudice and removed from the docket of the court.
02/29/2016
Entry of scheduling order.
03/08/2016

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

written opinionis requested to transmit this record and the
The Clerk and order to all counsel of Order
Notice to all counsel of record and to any unrepresented
United States Magistrate Judge.
parties.
DATED: June 15, 5, 2016
ENTER: January 2018
John T. Copenhaver, Jr.
United States District Judge

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