Wallace v. Saul

Filing 21

MEMORANDUM OPINION AND ORDER accepting and incorporating the 20 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 14 request for judgment on the pleadings; granting the Commissioner's 19 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 6/4/2021. (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 ZACHARY CHRISTOPHER WALLACE, Plaintiff, v. CIVIL ACTION NO. 3:20-0383 ANDREW SAUL, 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 recommendation 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 request for judgment on the pleadings (ECF No. 14); grant the Commissioner’s request for judgment on the pleadings (ECF No. 19); affirm the decision of the Commissioner; dismiss this action, with prejudice, and remove it from the docket of the Court. No objections to the Magistrate Judge’s findings and recommendation have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and Court DENIES Plaintiff’s request for judgment on the pleadings (ECF No. 14); GRANTS the Commissioner’s request for judgment on the pleadings (ECF No. 19); 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 recommendation. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: June 4, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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