Varela v. United States Citizenship and Immigration Services et al

Filing 6

ORDER Granting Joint Motion to Dismiss Without Prejudice [Doc. No. 5 ]. Signed by Judge Marilyn L. Huff on 2/28/2018. (jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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HECTOR BARAJAS VARELA, an
individual,

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Case No.: 3:17-cv-02490-H-WVG

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v.

ORDER GRANTING JOINT
MOTION TO DISMISS WITHOUT
PREJUDICE

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UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, et al.,

[Doc. No. 5]

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Plaintiff,

Defendants.

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On December 12, 2017, Plaintiff filed a petition for de novo naturalization hearing

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pursuant to 8 U.S.C. § 1447(b). (Doc. No. 1.) On February 28, 2018, the parties filed a joint
motion to dismiss this case without prejudice pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(ii). (Doc. No. 5.) In their motion, the parties explain that Defendant United
States Citizenship and Immigration Services (“USCIS”) has agreed to adjudicate Plaintiff’s
application for naturalization within the next thirty days. (Id.) Plaintiff reserves the right to
refile his petition if USCIS does not so adjudicate. (Id.) For good cause shown, the Court
GRANTS the joint motion to dismiss without prejudice. The Clerk is directed to close the
case.
IT IS SO ORDERED.
DATED: February 28, 2018
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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3:17-cv-02490-H-WVG