Lovejoy v. Berryhill

Filing 21

MEMORANDUM OPINION AND ORDER adopting and incorporating the 20 Proposed Findings and Recommendations by Magistrate Judge; denying the plaintiff's 17 request for judgment on the pleadings; granting the Commissioner's 18 request to affirm the decision of the Commissioner; affirming the final decision of the Commissioner; and dismissing and removing this action from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 6/5/2018. (cc: counsel of record; United States Magistrate Judge Cheryl A. Eifert) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

STANLEY THOMAS LOVEJOY,
Plaintiff,
v.

Civil Action No. 2:17-cv-02921

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 Cheryl A.
Eifert, entered on May 2, 2018; 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 decision of the Commissioner, and dismiss this
action; 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 plaintiff’s request for judgment on the
2.
The occur:
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
pleadings be, supporting briefs, denied;
and it hereby is, memoranda, affidavits, or other
such matter in support thereof. (All motions
3. unsupported by memoranda will be denied without
The Commissioner’s request to affirm the decision
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
of the Commissioner be, and it hereby is, granted;
02/08/2016
Last day for Rule 26(f) meeting.
02/15/2016 4.

Last day to decision of the Parties= Planning
The final file Report of Commissioner be
Meeting. See L.R. Civ. P. 16.1.

affirmed; and
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
5. Byrd United States Courthouse in Charleston, before
This action be dismissed and removed from the
the undersigned, unless canceled. Lead counsel
docket of the directed to appear.
court.
02/29/2016

Entry of scheduling order.

Clerk is directed to forward 26(a)(1) this
03/08/2016 The Last day to serve F.R. Civ. P copies of disclosures.
written opinion and is requested to transmit recordOrder United
The Clerk order to all counsel of this and and
Notice to all counsel of Cheryl A. Eifert. unrepresented
States Magistrate Judge record and to any
parties.
DATED: June 5, 20182016
DATED: January 5,
John T. Copenhaver, Jr.
United States District Judge

2