Bird v. Berryhill

Filing 20

MEMORANDUM OPINION AND ORDER adopting and incorporating the 19 Proposed Findings and Recommendation by Magistrate Judge; denying the plaintiff's 12 request for judgment on the pleadings; granting the defendant's 17 request to aff irm the decision of the Commissioner; affirming the final decision of the Commissioner; and this action is dismissed and removed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 7/11/2018. (cc: counsel of record; United States Magistrate Cheryl A. Eifert) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
KEVIN PATRICK BIRD,
Plaintiff,
v.

Civil Action No. 2:17-cv-3058

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 June 14, 2018; 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:
The plaintiff’s request for judgment on the
01/28/20162. 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 will be denied without
3. prejudice pursuant to L.R. Civ. P. the decision of
The defendant’s request to affirm 7.1 (a)).
the Commissioner be, and it Rule 26(f) meeting.
02/08/2016
Last day for hereby is, granted;
02/15/20164.

Last final decision of the Commissioner be, and it
The day to file Report of Parties= Planning
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. Byrd United States Courthouse in Charleston, and
This action be, and it hereby is, dismissed before
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 Cheryl A. Eifert. to any unrepresented
Notice to all counsel of record and
parties.
DATED: July 11, 2018
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge

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