Caley v. Commissioner Social Security Administration

Filing 13

ORDER: Pursuant to Fed. R. Civ. Pro. 41(a), plaintiff's Motion to Dismiss her Complaint (# 11 ) is GRANTED, and this action is DISMISSED with prejudice. Signed on July 1, 2015 by Judge Malcolm F. Marsh. (eo)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON HONIE CALEY, Case No. 6:14-cv-01715-MA Plaintiff, ORDER v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant. MARSH, Judge On June 29, 2015, plaintiff's attorney filed an unopposed Motion To Dismiss her Complaint {#11), indicating that plaintiff passed away on June 5, 2015. Plaintiff sought Supplemental Security Income benefits pursuant to Title XVI only. aintiff's attorney indicates that there is no surviving spouse eligible to receive payment of bene ts, see 20 C.F.R. § 416.542(b), and there is no evidence that plaintiff received interim assistance from a state entity, see 20 C.F.R. § 416.121. Accordingly, pursuant to Fed.R.Civ.Pro. 4l(a), plaintiff's Motion to Dismiss her Complaint is GRANTED, and this action is DISMISSED with prejudice. IT IS SO ORDERED. DATED this ~ day of JULY, 2015. ma4~:;m~ Malcolm F. Marsh United States District Judge 1 - ORDER

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