Randolph v. Astrue (CONSENT)

Filing 15

MEMORANDUM OPINION AND ORDER directing that the plaintiff's 14 motion to dismiss be and is hereby GRANTED and this action be and is hereby DISMISSED, as further set out. Signed by Honorable Judge Charles S. Coody on 8/3/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
TABATHA RANDOLPH,
)
)
Plaintiff,
)
)
v.
) CIVIL ACTION NO. 3:11cv826-CSC
)
MICHAEL J. ASTRUE,
)
Commissioner of the Social Security,
)
)
Defendant.
)
MEMORANDUM OPINION and ORDER
Now pending before the court is the plaintiff’s motion to dismiss (doc. # 14). The
defendant filed an answer on January 3, 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. 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 filed by
the plaintiff’s counsel who remains counsel of record in this case, it is
ORDERED that the plaintiff’s motion to dismiss (doc. # 14) be and is hereby
GRANTED and this action be and is hereby DISMISSED.
A separate order will enter.
Done this 3rd day of August, 2012.

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