Johnson v. Social Security Administration Commissioner
Filing
9
MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on September 26, 2011. (cap)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
CLIFFORD JOHNSON
vs.
PLAINTIFF
Civil No. 4:11-cv-04065
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
DEFENDANT
MEMORANDUM OPINION
On September 22, 2011, Clifford Johnson (“Plaintiff”) filed this Motion for Voluntary
Dismissal. ECF No. 8. According to Plaintiff, he has filed a new application for disability benefits
and has decided to pursue benefits through that application with the assistance of some additional
recently developed medical evidence. ECF No. 8. Defendant does not object to this motion. Id.
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. 5. 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 26th September , 2011.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE
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