Gilbreath v. Social Security Administration Commissioner

Filing 11

MEMORANDUM OPINION AND ORDER granting 10 Motion to Dismiss Case. Signed by Honorable Mark E. Ford on March 14, 2017. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION GINA GILBREATH. PLAINTIFF v. CIVIL NO. 2:16-cv-2177-MEF CAROLYN COLVIN, Acting Commissioner Social Security Administration DEFENDANT MEMORANDUM OPINION AND ORDER Plaintiff, Gina Gilbreath, brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a decision of the Commissioner of Social Security (“Commissioner”). ECF No. 1. On March 13, 2017, Plaintiff filed a Motion to Dismiss. ECF No. 10. Having received an Order remanding case number 16-2278 pursuant to sentence six of 42 U.S.C. 405(g), Plaintiff agrees that the instant case covers a duplicate time period and is satisfied that the sentence six remand in that case will include a review of the medical evidence relevant to this case. Accordingly, Plaintiff moves to dismiss this duplicate case. Plaintiff’s Motion to Dismiss is hereby granted, and the clerk is directed to dismiss Plaintiff’s case with prejudice. DATED this the 14th day of March, 2017. Mark E. Ford /s/ HONORABLE MARK E. FORD UNITED STATES MAGISTRATE JUDGE 

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