Higginbotham v. Berryhill
Filing
17
MEMORANDUM OPINION AND ORDER accepting and incorporating the 16 Proposed Findings and Recommendations by Magistrate Judge Tinsley; denying Plaintiff's 11 Brief in Support of Judgment on the Pleadings; granting Defendant's 15 Brief in Support of Defendant's Decision; affirming the final decision of the Commissioner; and dismissing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 9/12/2018. (cc: counsel of record; any unrepresented parties) (hkl)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
JAMES L. HIGGINBOTHAM,
Plaintiff,
v.
CIVIL ACTION NO. 3:17-3886
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Dwane L. Tinsley, 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 Brief in Support of Judgment on the
Pleadings (ECF No. 11), grant Defendant’s Brief in Support of Defendant’s Decision (ECF No.
15), 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 Brief in Support of Judgment on the Pleadings
(ECF No. 11), GRANTS Defendant’s Brief in Support of Defendant’s Decision (ECF No. 15),
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:
September 12, 2018
ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE
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