Adkins v. Astrue

Filing 12

ORDER accepting and incorporating 11 Findings and Recommendation; plaintiff's motion for judgment on the pleadings is denied and like motion of the defendant is granted and the decision of the Commissioner affirmed. Signed by Judge Robert C. Chambers on 9/29/2009. (cc: attys; any unrepresented party; Magistrate Judge Taylor) (dcm) (Modified on 9/30/2009 to clarify text and correct typographical error) (mkw).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION KEVIN GLENN ADKINS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. CIVIL ACTION NO. 3:08-1010

ORDER 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). The Magistrate Judge has submitted findings of fact and recommended that the plaintiff's motion for judgment on the pleadings be denied, that the like motion of the defendant be granted and the decision of the Commissioner be affirmed. Neither party has filed objections to the Magistrate Judge's findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES the plaintiff's motion for judgment on the pleadings, GRANTS the like motion of the defendant and AFFIRMS the decision of the Commissioner consistent with the findings and recommendation.

The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Taylor, counsel of record, and any unrepresented parties.

ENTER:

September 29, 2009

ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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