Sorrell v. Berryhill

Filing 16

MEMORANDUM OPINION AND ORDER adopting the 15 Proposed Findings and Recommendation by Magistrate Judge; denying the plaintiff's 13 request for judgment on the pleadings; granting the defendant's 14 request to affirm the decision h erein; 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 1/12/2018. (cc: counsel of record; United States Magistrate Judge) (taq)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA JOHN WAYNE SORRELL, Plaintiff, v. Civil Action No. 2:17-cv-03689 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was previously referred to Omar J. Aboulhosn, United States Magistrate Judge, who has submitted his Proposed Findings and Recommendation 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 December 5, 2017. The magistrate judge recommends that the court “deny the Claimant’s request for judgment on the pleadings, grant the Defendant’s request to affirm the decision below, affirm the final decision of the commissioner, and dismiss this matter from the [c]ourt’s docket.” omitted).) (ECF #15 at 18 (emphases and citations The plaintiff, represented by counsel, has not objected to the Proposed Findings and Recommendation. THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM, an Employee Welfare Benefits Plan, LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, a Massachusetts Corporation, and DOES 1 THROUGH 10, inclusive, Accordingly, it is ORDERED that: Defendants. 1. The Proposed Findings and Recommendations be, and hereby ORDER AND NOTICE is, adopted by the court; 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 2. The plaintiff’s request for judgment on the pleadings be, events must occur: 01/28/2016 and Motions is, denied; Civ. P. 12(b), together with hereby under F.R. supporting briefs, memoranda, affidavits, or other 3. The such matter in support thereof. (All motions defendant’s request to affirm the decision below be, unsupported by memoranda will be denied without and prejudice pursuant to L.R. Civ. P. 7.1 (a)). hereby is, granted; 02/08/2016 4. The 02/15/2016 and Last day for Rule 26(f) Commissioner’s decision Last day to file Report Meeting. See L.R. Civ. meeting. be, and hereby is, affirmed; of Parties= Planning P. 16.1. 5. plaintiff’s action be, and hereby at dismissed, with 02/22/2016 The Scheduling conference at 4:30 p.m. is, the Robert C. Byrd United States Courthouse in Charleston, before prejudice and removedunless the docket of thecounsel the undersigned, from canceled. Lead court. directed to appear. 02/29/2016 The of scheduling order. Entry Clerk is directed to forward copies of this 03/08/2016 Last day to serve F.R. counsel of record and the written opinion and order to allCiv. P 26(a)(1) disclosures. United States Magistrate Judge.transmit this Order and The Clerk is requested to Notice to all counsel of record and to any unrepresented ENTER: January 12, 2018 parties. DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge 2

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