Kuykendall v. Astrue (CONSENT)

Filing 13

MEMORANDUM OPINION AND ORDER granting 12 MOTION to Dismiss and this action be and is hereby DISMISSED. Signed by Honorable Judge Charles S. Coody on 12/11/2012. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
RICHARD H. KUYKENDALL,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the Social Security,
Defendant.

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) CIVIL ACTION NO. 2:12cv644-CSC
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(WO)
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MEMORANDUM OPINION and ORDER
Now pending before the court is the plaintiff’s motion to dismiss (doc. # 12) filed on
December 10, 2012. The defendant filed an answer on October 31, 2012. (Doc. # 10). After
an answer has been filed, FED. R. CIV. P. 41(a)(1) requires that all parties who have appeared
in the action consent to a voluntary dismissal by the plaintiff. The defendant does not oppose
the dismissal of this action. See Doc. # 12. Moreover, pursuant to 28 U.S.C. § 636(c)(1) and
M.D. Ala. LR 73.1, the parties have consented to the United States Magistrate Judge conducting
all proceedings in this case and ordering the entry of final judgment. Accordingly, upon
consideration of the motion to dismiss, and for good cause, it is
ORDERED that the plaintiff’s motion to dismiss (doc. # 12) be and is hereby GRANTED
and this action be and is hereby DISMISSED.
A separate order will enter.
Done this 11th day of December, 2012.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE