Brown v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

JERRY BROWN,

Plaintiff,

v. Case No: 6:22-cv-36-EJK

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER This cause comes before the Court on Plaintiff’s Notice of Voluntary Dismissal (the “Notice”) (Doc. 31), filed December 22, 2022. Because Defendant has already served an Answer (Doc. 20) and the Notice is not signed by all parties who have appeared in this action, the Notice is not self-effectuating. See Fed. R. Civ. P. 41(a)(1)(A); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1277–78 (11th Cir. 2012) (stating that stipulations filed under Rule 41(a)(1)(A)(i) and (ii) are self-executing and dismiss the case effective upon filing). However, Rule 41(a)(2) provides that an action may be dismissed by court order at the Plaintiff’s request “on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). Here, Plaintiff has indicated he is pursuing a new application for Social Security disability. (Doc. 28.) Therefore, the Court finds that it is proper to dismiss the case. Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(2), it is ORDERED that Plaintiffs Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to close the file. DONE and ORDERED in Orlando, Florida on January 4, 2023.

KIDD UNITED STATES MAGISTRATE JUDGE