Frazier v. Social Security Administration Commissioner
MEMORANDUM OPINION granting 11 Motion to Dismiss without prejudice. Signed by Honorable Barry A. Bryant on August 1, 2013. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
Civil No. 6:13-cv-06035
Commissioner, Social Security Administration
On July 17, 2013, Patricia Frazier (“Plaintiff”) filed this Motion to Dismiss Appeal. ECF
No. 11. According to Plaintiff, she no longer wishes to pursue her appeal. Id. 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. 8. Pursuant to this
authority, the Court issues this memorandum opinion and orders the entry of a final judgment in this
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 1st day of August, 2013.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE
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