Stogsdill v. Berryhill

Filing 13

REPORT AND RECOMMENDATIONS on the 11 MOTION to Dismiss filed by Patricia Stogsdill. Noting Date 7/5/2017, signed by Judge J Richard Creatura. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PATRICIA STOGSDILL,
Plaintiff,

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v.

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NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

CASE NO. 3:17-CV-05180-RSM-JRC
REPORT AND RECOMMENDATION
ON PLAINTIFF’S MOTION TO
DISMISS

Defendant.

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This matter has been referred to United States Magistrate Judge J. Richard Creatura
pursuant to 28 U.S.C. § 636(b)(1) and Local Magistrate Judge Rule MJR 4(a)(4), and as
authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261, 271-72 (1976).
Plaintiff has filed a Motion to Dismiss (Dkt. 11) and defendant has filed no objection.
See Dkt.
The Complaint was filed and the Summons were issued on March 14, 2017. Dkts. 3, 4.
Defendant filed the Answer/Administrative Record on May 15, 2017. Dkt. 9. Plaintiff filed her
Motion to Dismiss on June 13, 2017. Dkt. 11. The Declaration of Lindsey Craven in Support of

REPORT AND RECOMMENDATION ON
PLAINTIFF’S MOTION TO DISMISS - 1

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Motion to Dismiss verifies that plaintiff Patricia Stogsdill was advised of, and is in agreement

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with, dismissing this claim.

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Based on plaintiff’s motion and the declaration of counsel, and without objection from

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defendant, this Court recommends that the District Judge immediately approve this Report and

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Recommendation and order the case be dismissed without prejudice. See Fed. R. Civ. P.

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41(a)(2).

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Dated this 5th day of July, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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REPORT AND RECOMMENDATION ON
PLAINTIFF’S MOTION TO DISMISS - 2