Soldrich v. Commissioner of Social Security
Filing
19
ORDER ADOPTING the 17 Final Report and Recommendation and DENYING AS MOOT the 10 Motion to Dismiss. IT IS FURTHER ORDERED THAT this action is DISMISSED WITHOUT PREJUDICE pursuant to Plaintiff's letters filed with the Court construed as notices of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Signed by Judge William S. Duffey, Jr on 9/24/2013. (anc)
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
TAYSAUN SOLDRICH,
Appellant,
v.
1:12-cv-4373-WSD
CAROLYN W. COLVIN,
Commissioner of Social Security,
Respondent.
ORDER
This matter is before the Court on the Final Report and Recommendation
(“R&R”) of Magistrate Judge E. Clayton Scofield [17] on Respondent Carolyn W.
Colvin (“Respondent” or “Commissioner”)’s Motion to Dismiss [10].
On December 19, 2012, Appellant, proceeding pro se, filed this action
appealing the final decision of the Commissioner of Social Security that Appellant
was not disabled. Appellant sought leave to proceed in forma pauperis, which was
granted by the Magistrate Judge. Among Appellant’s claims was a request for an
order that would require the Commissioner to waive collection of an overpayment
made to Appellant in the amount of $29,360.00.
On March 13, 2013, Respondent moved for a partial dismissal of
Appellant’s claims, arguing that Appellant had not yet exhausted all administrative
remedies. On April 14, 2013, Appellant submitted copies of letters sent to the
Commissioner and other government agents, indicating a desire to voluntarily
dismiss all claims asserted in this action. Noting that Appellant still has, at this
early stage of the proceedings, the right to voluntarily dismiss this action, the
Magistrate Judge recommended that the motion to dismiss be denied as moot and
that this action be dismissed without prejudice. The Court agrees.
Accordingly, for the foregoing reasons,
IT IS HEREBY ORDERED that the Final Report and Recommendation of
Magistrate Judge E. Clayton Scofield [17] is ADOPTED.
IT IS FURTHER ORDERED that Respondent Carolyn W. Colvin’s
Motion to Dismiss [10] is DENIED AS MOOT.
IT IS FURTHER ORDERED THAT this action is DISMISSED
WITHOUT PREJUDICE.
SO ORDERED this 24th day of September, 2013.
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