Stinson V Commissioner of Social Security

Filing 32

MEMORANDUM DECISION AND ORDER GRANTING 31 MOTION to Dismiss due to mootness. Petitioner's claims are dismissed consistent with FRCP 41(a)(2). Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dmc)

UNITED STATES DISTRICT COURT DISTRICT OF IDAHO

RAMONA A. STINSON; Petitioner, vs. MICHAEL J. ASTRUE; Respondent.

Case No.: CV-08-00037-C-REB MEMORANDUM DECISION AND ORDER RE: MOTION FOR DISMISSAL DUE TO MOOTNESS (Docket No. 31)

Currently pending before the Court is Petitioner's Motion for Dismissal Due to Mootness (Docket No. 31). Having carefully reviewed the record and otherwise being fully advised, the Court enters the following Memorandum Decision and Order: DISCUSSION According to Petitioner, on July 23, 2009, Respondent issued a "fully favorable hearing decision awarding disability benefits to [P]etitioner covering the entire period at issue regarding [P]etitioner's claim." See Mot. for Dismissal, p. 1 (Docket No. 31) (attaching decision and August 15, 2009 award notice as Docket No. 31, Att. 1)). In light of this circumstance, Petitioner requests dismissal of the above-entitled action "due to mootness, in that all matters at issue have been fully decided in [P]etitioner's favor." See id. at p. 2. Any response to Petitioner's Motion for Dismissal Due to Mootness was due on or before October 13, 2009 (see text to Docket No. 31). Respondent submits no response and, further, does not oppose Petitioner's dismissal efforts.

MEMORANDUM DECISION AND ORDER - 1

ORDER Based upon the foregoing, it is HEREBY ORDERED THAT Petitioner's Motion for Dismissal Due to Mootness (Docket No. 31) is GRANTED. Petitioner's claims are therefore dismissed consistent with FRCP 41(a)(2).

DATED: October 15, 2009

Honorable Ronald E. Bush U. S. Magistrate Judge

MEMORANDUM DECISION AND ORDER - 2