Brown v. Astrue

Filing 15

MEMORANDUM OPINION AND ORDER Adopting 14 Findings and Recommendations; the Court denies the plaintiff's motion, grants the Commissioner judgment on the pleadings, affirms the final decision of the Commissioner, and dismisses this action from the Court's docket. Signed by Judge Joseph R. Goodwin on 7/20/2009. (cc: attys; any unrepresented party; Magistrate Judge Taylor) (dcm)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION STEPHEN R. BROWN, Plaintiff, v. MICHAEL J. ASTRUE Commissioner of Social Security, Defendant. CIVIL ACTION NO. 3:07-cv-00418

MEMORANDUM OPINION AND ORDER

In this action, plaintiff seeks review of the final decision of the Commissioner of the Social Security Administration denying his applications for disability insurance benefits and supplemental security income. The case is presently pending before this court on plaintiff's Memorandum in Support of Plaintiff's Motion for Judgment on the Pleadings [Docket 12] and the Commissioner's Memorandum in Support of Judgment on the Pleadings [Docket 13]. This action was referred to the Honorable Maurice G. Taylor, Jr.,United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On June 29, 2009, the Magistrate Judge submitted his Findings and Recommendation wherein he recommended that the court deny the plaintiff's motion, grant the defendant judgment on the pleadings, and affirm the final decision of the Commissioner.

Neither party has filed objections to the Magistrate Judge's findings and recommendation. Accordingly, the court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge. The court DENIES the plaintiff's motion, GRANTS the Commissioner judgment on the pleadings, AFFIRMS the final decision of the Commissioner, and DISMISSES this action from the court's docket. The court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Taylor, counsel of record, and any unrepresented party. ENTER: July 20, 2009