Berry v. Berryhill

Filing 15

MEMORANDUM OPINION AND ORDER denies Claimant's request for judgment on the pleadings re: 12 Brief In Support of Judgment on the Pleadings; GRANTS Defendant's request to affirm the decision of the Commissioner re: 13 Brief In Support of Judgment on the Pleadings; AFFIRMS the final decision of the Commissioner; DIMISSES this matter from the Court's docket, consistent with 14 PROPOSED FINDINGS AND RECOMMENDATION. Signed by Judge Robert C. Chambers on 11/9/2017. (cc: counsel of record; any unrepresented parties) (hkl)

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

NOLAN KAY BERRY, JR.,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-2354

NANCY A. BERRYHILL,
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. 12), grant Defendant’s request to affirm the decision of the Commissioner (ECF No.
13), 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.
12), GRANTS Defendant’s request to affirm the decision of the Commissioner (ECF No. 13),
AFFIRMS the final decision of the Commissioner, and DIMISSES 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:

November 9, 2017

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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