Fizer v. Colvin

Filing 14

MEMORANDUM OPINION AND ORDER accepting and incorporating the 13 Proposed Findings and Recommendations by Magistrate Judge VanDervort; DENYING Plaintiff's 9 Motion for Judgment on the Pleadings; GRANTING Defendant's 12 Motion for Judgment on the Pleadings; AFFIRMING the final decision of the Commissioner, and DISMISSING this matter from the Court's docket. Signed by Judge Robert C. Chambers on 9/21/2015. (cc: counsel of record; any unrepresented parties) (jsa)

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

CHARLES E. FIZER, JR.,
Plaintiff,
v.

CIVIL ACTION NO. 3:14-24360

CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable R. Clarke VanDervort, 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 deny Plaintiff’s Motion for Judgment on the Pleadings
(ECF No. 9), grant Defendant’s Motion for Judgment on the Pleadings (ECF No. 12), affirm the
final decision of the Commissioner, and dismiss this matter from the Court’s docket. Neither
party has filed objections to the Magistrate Judge’s findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendations
of the Magistrate Judge and DENIES Plaintiff’s Motion for Judgment on the Pleadings (ECF No.
9), GRANTS Defendant’s Motion for Judgment on the Pleadings (ECF No. 12), AFFIRMS the
final decision of the Commissioner, and DISMISSES this matter from the Court’s docket,
consistent with the findings and recommendations.

The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.

ENTER:

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September 21, 2015