Tuttle v. Saul
ORDER denying as moot Plaintiff's 7 Motion for Extension of Time. Plaintiff's 8 Motion to Dismiss is GRANTED. Plaintiff's Complaint is dismissed with prejudice. The Clerk is directed to close this case. Signed by District Judge Robert J. Conrad, Jr on 3/31/2021. (brl)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ROBERT MICHAEL TUTTLE,
ANDREW M. SAUL,
Commissioner of Social Security
THIS MATTER is before the Court on Plaintiff’s Motion for Extension of Time,
(Doc. No. 7), and Plaintiff’s unopposed Motion to Dismiss. (Doc. No. 8.) This is an
action seeking Title II disability benefits pursuant to 42 U.S.C. § 206. (Doc. No. 1 at
2.) Plaintiff filed a motion requesting dismissal of the case with prejudice pursuant
to Federal Rule of Civil Procedure 41(a)(2). (Doc. No. 8 at 1.)
Plaintiff states that this case was previously heard under case number 1:18cv-22-DCK, in which case the parties consented to remand of the case for further
consideration. (Id.; Case. No. 1:18-cv-22 Doc. No. 17.) As a result Plaintiff requests
that this civil action be dismissed with prejudice. (Doc. No. 8 at 2.) Defendant has
not objected to the motion.
Plaintiff has properly requested that this action be dismissed with prejudice,
and this Court will grant the motion. Fed. R. Civ. P. 41(a)(2). Given that the case
will be dismissed at the agreement of the parties, Plaintiff’s Motion to Extend Time
by 21 days will be denied as moot.
IT IS, THEREFORE, ORDERED that:
1. Plaintiff’s Motion for Extension of Time, (Doc. No. 7), is DENIED as
2. Plaintiff’s Motion to Dismiss, (Doc. No. 8), is GRANTED.
3. Plaintiff’s Complaint is dismissed with prejudice.
4. The Clerk is directed to close the case.
IT IS SO ORDERED.
Signed: March 31, 2021
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