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)

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

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