Stephens v. Social Security Administration Commissioner

Filing 8

ORDER granting 7 Motion to Dismiss, all other motions and the Report and Recommendations are terminated as moot. Plaintiff's cause of action is hereby Dismissed Without Prejudice. Signed by Honorable P. K. Holmes, III on February 15, 2012. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION ROGER KAY STEPHENS v. PLAINTIFF Case No. 3:11-CV-03118 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT ORDER Currently before the Court is Plaintiff’s Motion to Dismiss (Doc. 7). Plaintiff Roger Kay Stephens moves to dismiss this action stating that further appeal of this matter is unnecessary as Mr. Stephens is currently drawing Social Security benefits. The Response period for the Motion has passed without a response having been filed by Defendant. Upon due consideration, Plaintiff’s motion (Doc. 7) is GRANTED and Plaintiff’s cause of action is hereby DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All other motions, and the Report and Recommendations, which remain pending in this case are TERMINATED AS MOOT as a result of this Order. IT IS SO ORDERED this 15th day of February, 2012. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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