Jarrell v. Berryhill
Filing
15
MEMORANDUM OPINION AND ORDER accepting and incorporating the 14 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 11 motion for summary judgment; granting the Commissioner's 12 request for judgment on the pleadings; affirming the decision of the Commissioner; dismissing this action, with prejudice, and removing it from the docket of the Court. Signed by Judge Robert C. Chambers on 5/3/2019. (cc: counsel of record; any unrepresented parties) (hkl)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
MARK JARRELL,
Plaintiff,
v.
CIVIL ACTION NO. 3:18-0490
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 the Court deny Plaintiff’s motion for summary judgment (ECF No. 11); grant
the Commissioner’s request for judgment on the pleadings (ECF No. 12); affirm the decision of
the Commissioner; dismiss this action, with prejudice, and remove it 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 DENIES Plaintiff’s motion for summary judgment (ECF No. 11);
GRANTS the Commissioner’s request for judgment on the pleadings (ECF No. 12); AFFIRMS
the decision of the Commissioner; DISMISSES this action, with prejudice, and REMOVES it
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:
May 3, 2019
ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE
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