GHASSEMIAN POUR BAVANDI v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE

Filing 13

REPORT AND RECOMMENDATION re 12 MOTION to Dismiss ,or in the Alternative, Motion for Summary Judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE : It is recommended Defendants motion to dismiss or,alternati vely, for summary judgment, Doc. 12, be GRANTED, and this cause be DISMISSED AS MOOT.. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 3/26/09. Internal deadline for referral to district judge if objections are not filed earlier: 4/23/2009. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION MADJID GHASSEMIAN POUR BAVANDI, Plaintiff, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, Defendant. ___________________________/ REPORT AND RECOMMENDATION This cause, challenging Defendant's refusal to grant Plaintiff's request for naturalization, is before the Court on Doc. 12, Defendant's motion to dismiss or, alternatively, for summary judgment. Defendant maintains the case is now moot, as Plaintiff took the oath of citizenship on February 19, 2009. Plaintiff has not disputed the Defendant's representations, and therefore, because Plaintiff has now received all that he requested, this cause should be dismissed as moot. It is therefore respectfully RECOMMENDED that Defendant's motion to dismiss or, alternatively, for summary judgment, Doc. 12, be GRANTED, and this cause be DISMISSED AS MOOT. IN CHAMBERS at Gainesville, Florida, this 26th day of March, 2009. CASE NO. 1:08-cv-178-SPM-AK

s/ A . KORNBLUM
ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.