Foster v. Berryhill

Filing 17

MEMORANDUM OPINION AND ORDER adopting and incorporating the 16 Proposed Findings and Recommendation by Magistrate Judge; the plaintiff's 12 request for judgment on the pleadings is denied; the defendant's 15 request to affirm the decision of the Commissioner is granted; the final decision of the Commissioner is affirmed; and this action is dismissed and removed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 8/15/2018. (cc: counsel of record; United States Magistrate Dwane L. Tinsley) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
LISA J. FOSTER,
Plaintiff,
v.

Civil Action No. 2:17-cv-3820

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 Dwane L.
Tinsley, entered on July 27, 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, affirm the final
decision, and dismiss this matter from the court’s docket; 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
01/28/2016 2. Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
pleadings be, such it hereby is, denied;
and matter in support thereof. (All motions
unsupported by memoranda will be denied without
3. prejudice pursuant to L.R. Civ. P. 7.1 (a)).
The defendant’s request to affirm the decision of
02/08/2016
Last day for hereby is, granted;
the Commissioner be, and itRule 26(f) meeting.
02/15/2016 4.

Last day to decision of the Parties= Planning and it
The final file Report of Commissioner be,
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, before
This action be, and it hereby is, dismissed and
the undersigned, unless canceled. Lead counsel
directed of the court.
removed from the docketto appear.
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 order to all counsel of record and to United
The Clerk is requested to transmit this Order and
States Magistrate Dwane record and
Notice to all counsel ofL. Tinsley. to any unrepresented
parties.
DATED: August 15, 2018
January 5, 2016
John T. Copenhaver, Jr.
United States District Judge

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