Riley v. Astrue

Filing 9

ORDER construing 8 Motion to Dismiss as a Notice of Voluntary Dismissal and dismissing this action without prejudice. Signed by Judge Kristi K. DuBose on 3/23/2011. (cmj)

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Riley v. Astrue Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SHARON KAY CHATTAM RILEY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO.: 1:11-00108-KD-C ORDER This matter is before the Court on Plaintiff's "Motion to Dismiss." (Doc. 8). Because Defendant has filed neither an answer nor a motion for summary judgment in this case, the Court construes the motion as a Notice of Voluntary Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, it is hereby ORDERED that this action is DISMISSED without prejudice. Each party shall bear his or her own costs. DONE and ORDERED this the 23rd day of March 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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