McAlister v. Social Security Administration Commissioner

Filing 10

MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on May 10, 2016. (rg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
STEVEN C. MCALISTER

PLAINTIFF

v.

Civil No. 3:15-cv-03107

COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION

DEFENDANT

MEMORANDUM OPINION
On April 26, 2016, Steven McAlister (“Plaintiff”) filed this Motion to Dismiss. ECF No. 9.
According to Plaintiff, he concedes substantial evidence supports the ALJ’s decision, he no longer
wishes to pursue his appeal, and requests dismissal. 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. 6. 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 10th day of May, 2016.

/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE