Gauger v. Social Security Administration Commissioner
MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on April 21, 2014. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Civil No. 3:13-cv-03087
Commissioner, Social Security Administration
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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