Nazir v. Chertoff et al

Filing 11

ORDER DISMISSING CASE; Signed by Judge Marilyn Hall Patel on 10/6/2008. (awb, COURT-STAFF) (Filed on 10/7/2008)

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Marc Van Der Hout CA. Bar No. 80778 Stacy Tolchin CA. Bar No. 217431 Ilyce Shugall CA Bar. No. 250095 Van Der Hout, Brigagliano & Nightingale, LLP 180 Sutter Street, Fifth Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Petitioner Mumtazul Haq NAZIR

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Mumtazul Haq NAZIR Petitioner, v. Michael CHERTOFF, in his Official Capacity, Secretary, Department of Homeland Security; Michael MUKASEY, in his Official Capacity, Attorney General, Department of Justice; Nancy ALCANTAR, in her Official Capacity, Field Office Director, San Francisco, California, U.S. Immigration and Customs Enforcement; Edward FLORES, Chief of Corrections, Santa Clara County Department of Corrections; and David SEPULVEDA, Correctional Captain, Santa Clara County Main Jail Complex, Department of Corrections. Respondents. Case No. CV 08-04201 MHP ______ NOTICE OF VOLUNTARY DISMISSAL IMMIGRATION CASE DHS No. A 096-061-288

Notice of Voluntary Dismissal

Case No. CV 08-04201 MHP

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On September 23, 2008, pursuant to the stipulation of the parties, the Court suspended the briefing and vacated the briefing schedule in this matter due to the parties' representation that they were actively pursuing settlement. The parties have now settled this matter. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Mr. Nazir files this notice to voluntarily dismiss the pending matter. This action may be dismissed voluntarily by Petitioner without order of the court, as the notice of dismissal is filed before Respondents have served an answer or motion for summary judgment.

Dated: October 3, 2008

Respectfully submitted, _______/s/_________________ Marc Van Der Hout CA. Bar No. 80778 Stacy Tolchin CA. Bar No. 217431 Ilyce Shugall CA Bar. No. 250095 Van Der Hout, Brigagliano & Nightingale, LLP 180 Sutter Street, Fifth Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Petitioner Mumtaz Ulhaq NAZIR

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