Miller v. Berryhill

Filing 14

MEMORANDUM OPINION AND ORDER accepting and incorporating the 13 Proposed Findings and Recommendations by Magistrate Judge Tinsley; denying 9 Plaintiff's Brief in Support of Judgment on the Pleadings; granting 12 Defendant's Brief in Support of Defendant's Decision; affirming the final decision of the Commissioner; and dismissing this matter from this Court's docket. Signed by Judge Robert C. Chambers on 11/15/2018. (cc: counsel of record; any unrepresented parties) (hkl)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION MARY M. MILLER, Plaintiff, v. CIVIL ACTION NO. 3:17-4485 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. 9), grant Defendant’s Brief in Support of Defendant’s Decision (ECF No. 12), affirm the final decision of the Commissioner, and dismiss this matter from this 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. 9), GRANTS Defendant’s Brief in Support of Defendant’s Decision (ECF No. 12), AFFIRMS the final decision of the Commissioner, and DISMISSES this matter from this 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 15, 2018 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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