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NAYLOR v. ASTRUE

United States District Court, S.D. West Virginia, Charleston Division.
Mar 3, 2010
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MEMORANDUM OPINION AND ORDER

JOSEPH GOODWIN, District Judge

This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the court deny the plaintiff's motion for judgment on the pleadings, grant the defendant's motion for judgment on the pleadings, affirm the final decision of the Commissioner, and dismiss this action from the court's docket [Docket 16].

On February 4, 2010, the plaintiff filed timely objections to the Magistrate Judge's findings and recommendation. The court has reviewed de novo those portions of the Magistrate Judge's findings and recommendation to which the plaintiff objects and finds that the objections lack merit. The court therefore ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge. The court DENIES the plaintiff's motion for judgment on the pleadings, GRANTS the defendant's motion for judgment on the pleadings, AFFIRMS the final decision of the Commissioner, and DISMISSES this action from the court's docket.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.