Freeman v. Astrue

Filing 11

MEMORANDUM OPINION AND ORDER denying Plaintiff's 7 MOTION to Remand To Commissioner of Social Security; Grants Defendant's Motion for Judgment on the Pleadings, Affirms the decision of the Commissioner, and Dismisses this action from the docket of the Court, consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 5/13/2011. (cc: attys; any unrepresented party) (skm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION CONNIE FRANCES FREEMAN, Plaintiff, v. CIVIL ACTION NO. 3:10-0357 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert., 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 Plaintiff’s Motion for Judgment on the Pleadings be denied, Defendant’s Motion for Judgment on the Pleadings be granted, the decision of the Commissioner be affirmed, and this action be dismissed from the docket of the Court. 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 Defendant’s Motion for Judgment on the Pleadings, AFFIRMS the decision of the Commissioner, and DISMISSES this action from the docket of the Court, consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: May 13, 2011 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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