Foster v. Social Security Administration

Filing 5

ORDER denying as moot pltf's 1 Motion for Leave to Proceed in forma pauperis and 3 Motion to Appoint Counsel; granting pltf's 4 Motion for Voluntary Dismissal; the complaint is hereby dismissed without prejudice. Signed by Chief Judge J. Leon Holmes on 6/14/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION GURAL FOSTER v. Case No. 4:10CV00551 JLH DEFENDANT ORDE R On June 8, 2010, plaintiff Gural Foster filed a complaint against the Social Security Administration, along with a motion for leave to proceed in forma pauperis and a motion to appoint counsel. Three days later, Foster filed a motion for voluntary dismissal, stating that the defendant has begun making payments. Pursuant to Federal Rule of Civil Procedure 41, a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer, or an action may be voluntarily dismissed by court order on terms that the court considers proper. Here, the defendant has not yet answered Foster's complaint. To the extent that Foster's June 11, 2010 filing is not a notice of dismissal but a motion seeking an order from the Court, that motion for voluntary dismissal is GRANTED. Document #4. Foster's complaint is dismissed without prejudice. Foster's motions for leave to proceed in forma pauperis and to appoint counsel are DENIED as moot. Documents #1 and #4. IT IS SO ORDERED this 14th day of June, 2010. PLAINTIFF

SOCIAL SECURITY ADMINISTRATION

J. LEON HOLMES UNITED STATES DISTRICT JUDGE