Jelde v. Dooley et al

Filing 47

ORDER. IT IS HEREBY ORDERED THAT: 1. The motion to dismiss of defendant Molla Jelde Edati 31 is GRANTED. Jelde's second amended complaint is DISMISSED WITHOUT PREJUDICE as to Edati. 2. The motion for partial dismissal and remand of defe ndants Sharon V. Dooley and Janet Napolitano 34 is GRANTED. a. The decision as to whether to grant or deny Jelde's application for naturalization is REMANDED to U.S. Citizenship and Immigration Services ("USCIS"). USCIS must make an initial decision as to Jelde's application for naturalization no later than August 4, 2014. b. The remainder of Jelde's second amended complaint is DISMISSED WITHOUT PREJUDICE as to Dooley and Napolitano. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz on June 20, 2014. (CLG)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Case No. 13-CV-3610 (PJS/JJG)

SARA JELDE,
Plaintiff,
v.

ORDER

SHARON V. DOOLEY, Field Office
Director, St. Paul Field Office, United States
Citizenship and Immigration Service; JANET
NAPOLITANO, Secretary, Department of
Homeland Security; and MOLLA JELDE
EDATI,
Defendants.

P. Chinedu Nwaneri, NWANERI LAW FIRM, PLLC, for plaintiff.
D. Gerald Wilhelm, UNITED STATES ATTORNEY’S OFFICE, for defendants
Sharon V. Dooley and Janet Napolitano.
Israel W. Gobena, GOBENA & ASSOCIATES, for defendant Molla Jelde Edati.
This matter is before the Court on two motions: (1) the motion of defendant Molla Jelde
Edati to dismiss the second amended complaint of plaintiff Sara Jelde; and (2) the motion of
defendants Sharon V. Dooley and Janet Napolitano for remand on the issue of Jelde’s application
for naturalization and dismissal of the remainder of her second amended complaint. For the
reasons stated on the record at the June 20, 2014 hearing, those motions are granted.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT:

1.

The motion to dismiss of defendant Molla Jelde Edati [ECF No. 31] is
GRANTED. Jelde’s second amended complaint is DISMISSED WITHOUT
PREJUDICE as to Edati.

2.

The motion for partial dismissal and remand of defendants Sharon V. Dooley and
Janet Napolitano [ECF No. 34] is GRANTED.
a.

The decision as to whether to grant or deny Jelde’s application for
naturalization is REMANDED to U.S. Citizenship and Immigration
Services (“USCIS”). USCIS must make an initial decision as to Jelde’s
application for naturalization no later than August 4, 2014.

b.

The remainder of Jelde’s second amended complaint is DISMISSED
WITHOUT PREJUDICE as to Dooley and Napolitano.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 20, 2014

s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge

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