Smith v. Colvin

Filing 29

MEMORANDUM OPINION AND ORDER accepting and incorporating the 28 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; denying Claimant's 24 request for Judgment on the Pleadings; granting Defendant's 27 request to affirm the decision; affirming the final decision of the Commissioner; and dismissing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 8/11/2017. (cc: counsel of record; any unrepresented parties) (jsa)

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

JACKIE EUGENE SMITH, JR.,
Plaintiff,
v.

CIVIL ACTION NO. 3:16-9149

NANCY A. BERRYHILL,1
Acting Commissioner of the
Social Security Administration,
Defendant.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Omar J. Aboulhosn, 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 Claimant’s request for Judgment on the Pleadings
(ECF No. 24), grant Defendant’s request to affirm the decision (ECF No. 27), 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 Claimant’s request for Judgment on the Pleadings (ECF No.
24), GRANTS Defendant’s request to affirm the decision (ECF No. 27), AFFIRMS the final

1

At the time this civil action was filed, Carolyn W. Colvin was serving as the Acting Commissioner
of Social Security.

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:

-2-

August 11, 2017