Madden v. Social Security Administration

Filing 11

ORDER DISMISSING CASE Without Prejudice. Signed by Chief Judge Gloria M. Navarro on 2/5/2019. (Copies have been distributed pursuant to the NEF - JM)

UNITED STATES DISTRICT COURT
1

DISTRICT OF NEVADA
2
3

MARCUS A. MADDEN,

8

)
)
)
)
)
)
)
)
)

9

Pending before the Court is the Motion to Dismiss, (ECF No. 9), filed by Plaintiff

4
5
6

Plaintiff,
vs.
SOCIAL SECURITY ADMINISTRATION,

7

Defendant.

Case No.: 2:18-cv-00122-GMN-NJK
ORDER

10

Marcus A. Madden (“Plaintiff”). In the Motion, Plaintiff states that he filed this action against

11

Defendant Social Security Administration (“Defendant”) prematurely because Defendant has

12

yet to issue a final decision in the underlying administrative action. (See id.). Plaintiff therefore

13

requests that the Court dismiss this action so that he can refile after Defendant issues a final

14

decision. (See id.).

15

The Court construes Plaintiff’s Motion as a request for voluntary dismissal. Under

16

Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action by filing “a notice of

17
18
19
20
21
22

dismissal before the opposing party serves either an answer or a motion for summary
judgement.” Fed. R. Civ. P. 41(a)(1). Defendant has not filed an answer or motion for
summary judgment in this case.
Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without
prejudice.
5
DATED this _____ day of February, 2019.

23
24
25

___________________________________
Gloria M. Navarro, Chief Judge
United States District Court
Page 1 of 1