Copley v. Colvin

Filing 10

MEMORANDUM OPINION AND ORDER accepting and incorporating the 9 Proposed Findings and Recommendation of the Magistrate Judge; granting Defendant's 7 MOTION to Dismiss Plaintiff's 1 Complaint for lack of subject matter jurisdiction; Dismissing the complaint, with prejudice, and removing this action from the docket of the Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 4/2/2014. (cc: attys; any unrepresented parties) (mkw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

KEVIN COPLEY,
Plaintiff,
v.

CIVIL ACTION NO. 3:13-3362

CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
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 recommendations for
disposition, pursuant to 28 U.S.C. ' 636(b)(1)(B). The Magistrate Judge has submitted findings
of fact and recommended that the Court grant Defendant’s Motion to Dismiss for lack of subject
matter jurisdiction (ECF No. 7), dismiss the complaint, with prejudice, and remove this action
from the docket of the Court. Neither party has filed objections to the Magistrate Judge=s
findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and GRANTS Defendant’s Motion to Dismiss for lack of subject matter
jurisdiction (ECF No. 7), DISMISSES the complaint, with prejudice, and REMOVES this
action from the docket of the Court, consistent with the findings and recommendations.

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

2

April 2, 2014