Opinion
C23-5185 RSM
05-23-2023
STEPHANIE AUSTIN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING UNOPPOSED MOTION TO WITHDRAW MOTION TO DISMISS AND FOR AN EXTENSION OF TIME TO FILE ANSWER
Ricardo S. Martinez, United States District Judge
Defendant filed a motion to dismiss Plaintiff's complaint on May 8, 2023, based on Plaintiff's failure to timely file her complaint. See Dkt. 8. Defendant now files the instant motion to withdraw the Motion to Dismiss because Plaintiff provided the Commissioner with her Request For Extension of Time to File in Federal Court, thus showing her complaint was timely filed. See Dkt. 9. In light of these circumstances, and given that Plaintiff's counsel has no opposition, the Court hereby GRANTS Defendant's motion (Dkt. 9) to withdraw his Motion to Dismiss (Dkt. 8). The Court also GRANTS Defendant's request for an extension of time to file the Administrative Record (AR). Defendant shall file the AR on or before May 26, 2023