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)

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