Howe v. Social Security Administration Commissioner, No. 2:2010cv02183 - Document 12 (W.D. Ark. 2011)

Court Description: CONSENT MEMORANDUM OPINION Signed by Honorable Barry A. Bryant on April 7, 2011. (sh) Modified on 4/7/2011 (sh).

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Howe v. Social Security Administration Commissioner Doc. 12 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION DENNIS E. HOWE vs. PLAINTIFF Civil No. 2:10-cv-02183 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION On February 24, 2011, Dennis E. Howe ( Plaintiff ) filed this Motion To Dismiss With Prejudice. ECF No. 11. Defendant did not respond or file objections to this motion. The parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all postjudgment proceedings. ECF No. 5. Pursuant to this authority, the Court issues this memorandum opinion and orders the entry of a final judgment in this matter. Absent any pending counterclaims, a court is authorized to dismiss a case at the Plaintiff s request on the terms that the court considers proper. FED . R. CIV . P. 41(a)(2). Defendant has asserted no counterclaims and has not objected to this motion. After taking into consideration said Motion, the Court finds the Plaintiff s motion should be GRANTED and Plaintiff s case be dismissed with prejudice. ENTERED this 7th day of April, 2011. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE Dockets.Justia.com

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