Nilesh v. Holder et al

Filing 15

ORDER DISMISSING CASE without prejudice pursuant to 14 parties' stipulation to dismiss. Signed by Magistrate Judge Howard R. Lloyd on 05/24/2010. (hrllc1, COURT STAFF) (Filed on 5/24/2010)

1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 8 9 10 11 12 13 14 NILESH PATEL, Plaintiff , v. 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone] Attorneys for Defendants

**E-filed May 24, 2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 09-5383 HRL PARTIES' CONSENT TO MAGISTRATE JUDGE JURISDICTION; STIPULATION TO DISMISS; AND [PROPOSED] O RD ER

ERIC H. HOLDER, JR., Attorney General 15 of the United States; JANET NAPOLITANO, Secretary, Department of Homeland Security; 16 CAROL KELLER, District Director, San Jose, U.S. Citizenship and Immigration Services; 17 D ef en d a n t s . 18 19

In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, Plaintiff and

20 Defendants in this case hereby voluntarily consent to have a United States Magistrate Judge 21 conduct any and all further proceedings in the case, including trial, and order the entry of a final 22 judgment. 23 Additionally, Plaintiff, by and through his attorney of record, and Defendants, by and through

24 their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the 25 above-entitled action without prejudice in light of the fact that the United States Citizenship and 26 Immigration Services is now prepared to adjudicate Plaintiff's application for naturalization and 27 agrees to do so within 30 days of the dismissal of this action. See 8 U.S.C. § 1447(b). 28 Stipulation to Dismiss C 09-5383 HRL 1

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Each of the parties shall bear their own costs and fees. Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney /s/ ILA C. DEISS1 Assistant United States Attorney Attorneys for Defendants

2 Dated: May 21, 2010 3 4 5 6 7 8 9 Date: May 20, 2010 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: May 24, 2010

_________/s/___________________ GABRIEL D. JACK Attorney for Plaintiff

O RD ER Pursuant to stipulation, IT IS SO ORDERED.

HOWARD R. LLOYD United States Magistrate Judge

I, Ila Deiss, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document. Stipulation to Dismiss C 09-5383 HRL

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