Meade v. Berryhill

Filing 19

MEMORANDUM OPINION AND ORDER accepting and incorporating the 18 Proposed Findings and Recommendations by Magistrate Judge Tinsley; denying Claimant's 13 request for judgment on the pleadings; granting the Commissioner's 16 request to affirm his decision; affirming the final decision of the Commissioner; and dismissing this action from the Court's docket. Signed by Judge Robert C. Chambers on 9/10/2019. (cc: counsel of record; any unrepresented parties) (jsa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION REBECCA ANN MEADE, Plaintiff, v. CIVIL ACTION NO. 3:18-1043 ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY,1 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 Claimant’s request for judgment on the pleadings (ECF No. 13), grant the Commissioner’s request to affirm his decision (ECF No. 16), affirm the final decision of the Commissioner, and dismiss this action 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. 13), GRANTS the Commissioner’s request to affirm his decision (ECF No. 16), AFFIRMS the 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also, Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) (stating action survives regardless of any change in the person occupying the Office of the Commissioner of Social Security). final decision of the Commissioner, and DISMISSES this action 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 10, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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