J. Richard Creatura United States Magistrate Judge
REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO DISMISS
This matter has been referred to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1) and Local Magistrate Judge Rule MJR 4(a)(4), and as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261, 271-72 (1976).
Plaintiff has filed a Motion to Dismiss (Dkt. 11) and defendant has filed no objection. See Dkt.
The Complaint was filed and the Summons were issued on March 14, 2017. Dkts. 3, 4. Defendant filed the Answer/Administrative Record on May 15, 2017. Dkt. 9. Plaintiff filed her Motion to Dismiss on June 13, 2017. Dkt. 11. The Declaration of Lindsey Craven in Support of Motion to Dismiss verifies that plaintiff Patricia Stogsdill was advised of, and is in agreement with, dismissing this claim.
Based on plaintiff's motion and the declaration of counsel, and without objection from defendant, this Court recommends that the District Judge immediately approve this Report and Recommendation and order the case be dismissed without prejudice. See Fed. R. Civ. P. 41(a)(2).
Dated this 5th day of July, 2017.
/s/_________
J. Richard Creatura
United States Magistrate Judge