Ndom v. Muller et al

Filing 27

STIPULATION AND ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Joseph C. Spero on 2/12/09. (klh, COURT STAFF) (Filed on 2/13/2009)

Case 3:08-cv-03551-JCS

Document 26

Filed 02/12/2009

Page 1 of 2

1 JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division MELANIE L. PROCTOR, CSBN 228971 4 Assistant United States Attorney 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MAMADOU NDOM, 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone] Attorneys for Respondents UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Petitioner, ) No. C 08-3551 JCS ) v. ) ) STIPULATION TO DISMISS WITHOUT ROBERT S. MUELLER, III, Department of ) PREJUDICE; PROPOSED ORDER Justice, in his Official Capacity as Director ) of FBI; MICHAEL A. CANNON, Department ) of Justice, in his Official Capacity as Director ) of NNCP; JONATHAN SCHARFEN, in his ) Official Capacity as Acting Director of USCIS; ) EVELYN UPCHURCH, in her Official Capacity ) as Director of USCIS/Texas Service Center; ) MICHAEL CHERTOFF, in his Official Capacity ) as Secretary of Department of Homeland ) Security; MICHAEL B. MUKASEY, in his ) Official Capacity as United States Attorney ) General, ) ) Respondents. ) )

23 /// 24 /// 25 /// 26 /// 27 /// 28 ///
STIPULATION TO STAY C 08-3551 JCS

Case 3:08-cv-03551-JCS

Document 26

Filed 02/12/2009

Page 2 of 2

1

In light of the fact that at this time, a Court order to adjudicate Plaintiff's adjustment of status

2 application would result in a denial, the parties hereby stipulate to dismissal of this action, without 3 prejudice. The parties shall bear their own costs and fees. 4 Dated: February 12, 2009 5 6 7 8 9 Dated: February 12, 2009 10 11 12 13 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ MELANIE L. PROCTOR1 Assistant United States Attorney Attorneys for Defendants /s/ MAMADOU NDOM Pro Se PROPOSED ORDER Pursuant to stipulation, IT IS SO ORDERED. All pending motions are hereby terminated. The
ISTRIC ES D TC AT T

14 Complaint is DISMISSED without prejudice. The Clerk shall close the file. 15
UNIT ED

RT U O

16 Dated: February 12, 2009 17 18 19 20 21 22 23 24 25 26 27 28

JOSEPH C. SPERO United States Magistrate Judge
Judge Jo seph C. Spero

S

ER

N

F D IS T IC T O R

I, Melanie L. Proctor, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.
STIPULATION TO STAY C 08-3551 JCS

1

2

A

C

LI

FO

R NIA

NO

RT

H