Harris v. Astrue

Filing 14

MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein re 13 Findings and Recommendations of the Magistrate Judge and Denies the plaintiff's 9 motion for judgment on the pleadings; grants the like 12 motion of the defendant and Affirms the decision of the Commissioner consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 3/23/2010. (cc: attys; any unrepresented party) (skm) (Modified on 3/25/2010 add link to #9 and #12 Briefs in Support of Judgment on the Pleadings and to clarify text) (mkw).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JOHNNY D. HARRIS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND 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. CIVIL ACTION NO. 3:08-1127

The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.

ENTER:

March 23, 2010

ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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