Littleton v. Astrue

Full title: JAMES MICHAEL LITTLETON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court: United States District Court, S.D. West Virginia, Huntington Division

Date published: Mar 2, 2011

CIVIL ACTION NO. 3:10-0239 (S.D.W. Va. Mar. 2, 2011)

Opinion

CIVIL ACTION NO. 3:10-0239.

March 2, 2011

MEMORANDUM OPINION AND ORDER

ROBERT CHAMBERS, District Judge

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 Plaintiff's motion for judgment on the pleadings be denied, that Defendant's motion for judgment on the pleadings be granted, that the final decision of the Commissioner be affirmed, and this action be dismissed from the docket of the Court. Neither party has filed objections to the Magistrate Judge's findings and recommendation.

Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Plaintiff's motion for judgment on the pleadings, GRANTS Defendant's motion for judgment on the pleadings, AFFIRMS the final decision of the Commissioner, and DISMISSES this action from the docket of this Court, consistent with the findings and recommendation.

The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.

ENTER: March 2, 2011