Tippens v. Social Security Administration Commissioner

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
KENDRICK TIPPENS 	PLAINTIFF
vs. 	Civil No. 1:24-cv-01096
MICHELLE KING, 	DEFENDANT
Acting Commissioner, Social Security Administration
MEMORANDUM OPINION
On January 31, 2025, Kendrick Tippens, (“Plaintiff”) filed this Motion to Dismiss. 	ECF No.
7. 	According to Plaintiff, the Complaint was prematurely filed in error as Plaintiff’s case is still
pending at the Appeals Council. 	Id. 	Defendant responded and does not oppose the Motion.
ECF No. 9. 	The parties have consented to the jurisdiction of a magistrate judge to conduct all
proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and
conducting all post-judgment 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 without prejudice.
ENTERED this 7th day of February 2025.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U. S. MAGISTRATE JUDGE
Case 1:24-cv-01096-BAB Document 10 Filed 02/07/25 Page 1 of 1 PageID #:
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