Grunbaum v. District Director, USCIS Detroit
Filing
32
ORDER ADOPTING MAGISTRATE JUDGE'S 30 REPORT AND RECOMMENDATION. Denying as MOOT 20 Motion to Dismiss filed by District Director, USCIS Detroit, 10 Motion for Judgment filed by District Director, USCIS Detroit, and 12 Motion for Summary Judgment filed by Viktor Grunbaum. Case to proceed on Amended Complaint with the Magistrate Judge continuing to conduct all pretrial proceedings. Signed by District Judge Gerald E Rosen. (RGun)
Grunbaum v. District Director, USCIS Detroit
Doc. 32
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION VIKTOR GRUNBAUM, Plaintiff, v. DISTRICT DIRECTOR, USCIS DETROIT, Defendant. _______________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on December 7, 2010 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court
On October 29, 2010, Magistrate Judge Mona K. Majzoub issued a Report and Recommendation ("R & R") recommending that the Court deny as moot (i) Plaintiff Viktor Grunbaum's motion for summary judgment, (ii) the Defendant District Director's motion for judgment on the pleadings, and (iii) Defendant's motion to dismiss. These recommendations are based upon two recent developments: (i) a decision upholding the denial of Plaintiff's application for citizenship, and (ii) Plaintiff's filing of an amended complaint in which he seeks judicial review of this decision. In light of these developments, the Magistrate Judge recommends that Plaintiff be permitted to go forward
Case No. 10-10147 Hon. Gerald E. Rosen Magistrate Judge Mona K. Majzoub
Dockets.Justia.com
with the claims he has asserted in his amended complaint. Neither party has filed objections to the Magistrate Judge's R & R. Upon reviewing the R & R, the parties' underlying motions, and the record as a whole, the Court fully concurs in the analysis of the Magistrate Judge, and adopts the R & R in its entirety. Accordingly, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's October 29, 2010 Report and Recommendation is ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED that, for the reasons stated in the R & R, the following motions are DENIED AS MOOT: (i) Plaintiff's June 3, 2010 motion for summary judgment (docket #12), (ii) Defendant's May 13, 2010 motion for judgment on the pleadings (docket #10), and (iii) Defendant's July 13, 2010 motion to dismiss (docket #20). The case may now go forward, with the Magistrate Judge continuing to conduct all pretrial proceedings pursuant to an April 5, 2010 order of reference.
s/Gerald E. Rosen Chief Judge, United States District Court Dated: December 7, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on December 7, 2010, by electronic mail and upon Viktor Grunbaum, 12345 Woodward Avenue, Detroit, MI 48203 by ordinary mail. s/Ruth A. Gunther Case Manager
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