Evans v. Saul
| Kenneth Charles Evans |
| Nancy A. Berryhill and Andrew Saul |
| 2:2018cv01539 |
| January 2, 2019 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Cheryl A Eifert |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.
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Filing 17
JUDGMENT ORDER In accordance with the accompanying #16 Memorandum Opinion and Order, the Court DENIES Plaintiff's #10 request for judgment on the pleadings; GRANTS the Commissioner's #11 request for judgment on the pleadings; AFFIRMS the decision of the Commissioner; DISMISSES this action, with prejudice; and REMOVES it from the docket of the Court. Signed by Judge Robert C. Chambers on 8/30/2019. (cc: counsel of record; any unrepresented parties) (kew)
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Filing 16
MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein the #15 Proposed Findings and Recommendation by the Magistrate Judge and DENIES Plaintiff's #10 request for judgment on the pleadings; GRANTS the Commissioner's #11 request for judgment on the pleadings; 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. Signed by Judge Robert C. Chambers on 8/30/2019. (cc: counsel of record; any unrepresented parties) (kew)
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Filing 15
PROPOSED FINDINGS AND RECOMMENDATION It is RECOMMENDED that the District Judge DENY Plaintiff's #10 Request for Judgment on the Pleadings; GRANT the Commissioner's #11 Request for Judgment on the Pleadings; AFFIRM the decision of the Commissioner; DISMISS this action, with prejudice, and remove it from the docket of the Court. This case no longer referred to Magistrate Judge Cheryl A. Eifert. Objections to Proposed F&R due by 8/26/2019. Signed by Magistrate Judge Cheryl A. Eifert on 8/6/2019. (cc: counsel of record) (ts)
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NOTICE: Replaced defendant Nancy A. Berryhill, Acting Social Security Commissioner with Andrew Saul, Commissioner of Social Security and updated case title. (mwk) (ADI)
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Filing 14
REPLY by Kenneth Charles Evans to #11 Brief In Support of Judgment on the Pleadings/Defendant's Decision. (Dils, Jan)
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Filing 13
ORDER granting #12 MOTION for Extension of Time; plaintiff shall have until 6/21/2019 to file his reply to defendant's brief in support of defendant's decision. Signed by Magistrate Judge Cheryl A. Eifert on 5/14/2019. (cc: attys) (lca)
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Filing 12
MOTION by Kenneth Charles Evans for Extension of Time to File Response/Reply as to #11 Brief In Support of Judgment on the Pleadings/Defendant's Decision to 6/21/2019. Motion referred to Magistrate Judge Cheryl A. Eifert.(Dils, Jan)
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Filing 11
BRIEF IN SUPPORT OF JUDGMENT ON THE PLEADINGS/DEFENDANT'S DECISION by Nancy A. Berryhill (Neil, Gregory)
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| Filing 10 BRIEF/MEMORANDUM IN SUPPORT OF JUDGMENT ON THE PLEADINGS by Kenneth Charles Evans. (Dils, Jan) |
| Filing 9 TRANSCRIPT OF PROCEEDINGS held before the Administrative Law Judge. (Attachments: #1 Continuation, #2 Continuation, #3 Continuation, #4 Continuation, #5 Continuation, #6 Continuation, #7 Continuation)(Neil, Gregory) |
| Filing 8 ANSWER TO #2 Complaint by Nancy A. Berryhill.(Neil, Gregory) |
| Filing 7 SUMMONS RETURNED EXECUTED by Kenneth Charles Evans for service upon Nancy A. Berryhill, re: #2 Complaint. Nancy A. Berryhill served on 1/7/2019, answer due 3/8/2019. Person Served: Vicky Dickerson. Return Receipt Card for Attorney General signed on 1/9/2019. Return Receipt Card for Commissioner of Social Security signed on 1/8/2019. (Dils, Jan) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Nancy A. Berryhill, re: #2 Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (taq) |
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Filing 5
ORDER AND NOTICE ALLOWING PLAINTIFF TO PROCEED WITHOUT PREPAYMENT OF COSTS AND FEES granting #1 APPLICATION to Proceed Without Prepayment of Fees and Costs; the Clerk of the Court to issue the summons; the plaintiff to serve the summons and Complaint pursuant to Rule 4, Federal Rules of Civil Procedure. Signed by Magistrate Judge Cheryl A. Eifert on 1/2/2019. (cc: plaintiff; counsel of record) (taq)
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| Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (ts) |
| Filing 3 SUMMONS SUBMITTED by Kenneth Charles Evans for Nancy A. Berryhill, re: #2 Complaint. (mms) |
| Filing 2 COMPLAINT. (Attachment: #1 Civil Cover Sheet) (mms) |
| Filing 1 APPLICATION to Proceed without Prepayment of Fees or Costs. (mms) |
| CASE assigned to Judge Robert C. Chambers. (ts) |
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