Frazier v. Social Security Administration Commissioner
MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on January 20, 2016. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JAMES L. FRAZIER
Civil No. 2:15-cv-02247
Commissioner, Social Security Administration
On January 18, 2015, James L. Frazier (“Plaintiff”) filed this Motion to Dismiss. ECF No.
11. According to Plaintiff, he seeks a voluntary non-suit. Id. Defendant has not objected to this
motion and according to Plaintiff is not opposed to the granting of this motion. The parties have
consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case,
including conducting the trial, ordering the entry of a final judgment, and conducting all postjudgment proceedings. ECF No. 7. Pursuant to this authority, the Court issues this memorandum
opinion and orders the entry of a final judgment in this matter.
Absent any pending counterclaims, a court is authorized to dismiss a case at the Plaintiff’s
request on the terms that the court considers proper. FED. R. CIV. P. 41(a)(2). Defendant has
asserted no counterclaims and has not objected to this motion. After taking into consideration said
Motion, the Court finds the Plaintiff’s motion should be GRANTED and Plaintiff’s case be
dismissed without prejudice.
ENTERED this day of 20th January 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE
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