Murphy v. Social Security Administration

Filing 9

ORDER granting 8 Plaintiff's Motion to Voluntarily Dismiss; denying, as moot, 6 and 7 Motion to Dismiss; Signed by Magistrate Judge J. Thomas Ray on 10/7/2013. (kcs)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ANDREA E. MURPHY V. PLAINTIFF NO. 4:12CV00392 JTR CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration DEFENDANT ORDER On May 6, 2013, the Commissioner filed a Motion to Dismiss Plaintiff’s Complaint as untimely. (Docket entry #6). On August 21, 2013, the Commissioner supplemented her Motion with documents establishing the dates on which the Appeals Council denied review of Plaintiff’s claims for benefits. (Docket entry #7). On September 6, 2013, Plaintiff moved to voluntarily dismiss her case. (Docket entry #8). She states that the Commissioner has no objection to her Motion. Because the Commissioner does not object, the Court will grant Plaintiff’s request for a voluntary dismissal, and deny the Commissioner’s Motion to Dismiss, as moot. IT IS THEREFORE ORDERED THAT: 1. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Plaintiffs Motion to Dismiss (docket entry #8) is GRANTED, and this case is DISMISSED, WITHOUT PREJUDICE. 2. Defendant’s Motion and Supplemental Motion to Dismiss (docket entries #6 and #7) are DENIED, AS MOOT. DATED this 7th day of October, 2013. ____________________________________ UNITED STATES MAGISTRATE JUDGE 2

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