Monger et al v. Chertoff et al

Filing 9

ORDER OF DISMISSAL- Plaintiff's Motion to Dismiss 8 is granted; The Complaint is dismissed without prejudice; The Defendants' Motion to Dismiss 6 is denied as moot; and the parties shall pay their own costs and attorney fees. Ordered by Judge Laurie Smith Camp. (MKR)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JASEN NICKMAN and MINERVA LAVERNE MONGER, husband and wife, Plaintiffs, v. MICHAEL CHERTOFF, Secretary, United States Department of Homeland Security; EMILIO GONZALEZ, Director, United States Citizenship and Immigration Services; F. GERARD HEINAUER, District Director, United States Citizenship and Immigration Services in Omaha, Nebraska, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 8:09CV05

ORDER OF DISMISSAL

This matter is before the Court on the Motions to Dismiss (Filing Nos. 6 and 8) filed separately by the Defendants and the Plaintiffs. Having reviewed the motions, I find that the Plaintiffs' motion should be granted and that the matter should be dismissed under Fed. R. Civ. P. 41(a) without prejudice. Accordingly, IT IS ORDERED: 1. 2. 3. 4. Plaintiff's Motion to Dismiss (Filing No. 8) is granted; The Complaint is dismissed without prejudice; The Defendants' Motion to Dismiss (Filing No. 6) is denied as moot; and The parties shall pay their own costs and attorney fees.

DATED this 4th day of February, 2009. BY THE COURT: s/Laurie Smith Camp United States District Judge