Gauger v. Social Security Administration Commissioner

Filing 11

MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on April 21, 2014. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION MATTHEW GAUGER vs. PLAINTIFF Civil No. 3:13-cv-03087 CAROLYN COLVIN Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION On April 3, 2014, Matthew Gauger (“Plaintiff”) filed this Motion to Dismiss. ECF No. 10. According to Plaintiff, he has reviewed the record and the ALJ’s decision, and he concedes substantial evidence supports the unfavorable decision. Id. Defendant has not objected to 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 post-judgment 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 21st April, 2014. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE

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