Maynard v. Colvin
Filing
16
MEMORANDUM OPINION AND ORDER accepting and incorporating the 15 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Plaintiff's 13 Motion for judgment on the pleadings be denied; Defendant's motion for judgm ent on the pleadings as articulated in her 14 Brief in support of Commissioner's decision be granted; the final decision of the Commissioner be affirmed; and that this this action be dismissed, with prejudice, and removed from the docket of the Court. Signed by Judge Robert C. Chambers on 11/21/2017. (cc: counsel of record; any unrepresented parties) (jsa)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
KEVIN LEE MAYNARD,
Plaintiff,
v.
CIVIL ACTION NO. 3:16-10694
NANCY A. BERRYHILL,
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 Plaintiff’s motion for judgment on the pleadings be denied (ECF No. 13);
Defendant’s motion for judgment on the pleadings as articulated in her brief in support of
Commissioner’s decision be granted (ECF No. 14); the final decision of the Commissioner be
affirmed; that this this action be dismissed, with prejudice, and removed 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 recommendations
of the Magistrate Judge and ORDERS that Plaintiff’s motion for judgment on the pleadings be
DENIED (ECF No. 13); Defendant’s motion for judgment on the pleadings as articulated in her
brief in support of Commissioner’s decision be GRANTED (ECF No. 14); the final decision of
the Commissioner be AFFIRMED; that this this action be DISMISSED, with prejudice, and
removed from the docket of the Court, 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:
November 21, 2017
ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE
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