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BERNARD v. COMMISSIONER OF SOCIAL SECURITY, 6:13-cv-1660-Orl-18KRS. (2014)

Court: District Court, M.D. Florida Number: infdco20140624931 Visitors: 29
Filed: Jun. 03, 2014
Latest Update: Jun. 03, 2014
Summary: REPORT AND RECOMMENDATION KARLA R. SPAULDING, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT: This cause came on for consideration without oral argument on the following motion filed herein: MOTION: PLAINTIFF'S UNCONTESTED MOTION TO DISMISS (Doc. No. 18) FILED: May 27, 2014 On October 24, 2013, Plaintiff, Tania Bernard, instituted the instant action, seeking review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for disability be
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REPORT AND RECOMMENDATION

KARLA R. SPAULDING, Magistrate Judge.

TO THE UNITED STATES DISTRICT COURT:

This cause came on for consideration without oral argument on the following motion filed herein:

MOTION: PLAINTIFF'S UNCONTESTED MOTION TO DISMISS (Doc. No. 18) FILED: May 27, 2014

On October 24, 2013, Plaintiff, Tania Bernard, instituted the instant action, seeking review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for disability benefits under the Federal Old Age, Survivors, and Disability Insurance Program ("OASDI"), 42 U.S.C. § 401 et seq., as well as her application for supplemental security income benefits under the Supplemental Security for the Aged, Blind, and Disabled Program ("SSI"), 42 U.S.C. § 1381 et seq. Doc. No. 1. The Commissioner answered on January 28, 2014. Doc. No. 15. The Commissioner has not asserted any counterclaims against Plaintiff.

On May 27, 2014, Plaintiff filed a motion requesting that this action be dismissed with prejudice. Doc. No. 18. The motion represents that it is unopposed and that the parties agree that they will "be responsible for their own costs associated with this action." Id. at 1.

Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(2), I RESPECTFULLY RECOMMEND that the Court GRANT Plaintiff's Uncontested Motion to Dismiss (Doc. No. 18) and DISMISS Plaintiff's case with prejudice, with each party to bear their own fees and costs associated with this action.

Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.

Source:  Leagle

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