Kong v. Johnson et al

Filing 8

AMENDED ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action, be, and the same hereby is, DISMISSED without prejudice. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant's 5 Motion to Dismiss be, and the same hereby is, DENIED as moot. IT IS FURTHER ORDERED that the clerk shall close the case. Signed by Judge James C. Mahan on 11/5/15. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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XI KONG,

Case No. 2:15-cv-01498-JCM-CWH
Plaintiff,

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AMENDED

ORDER

v.
SECRETARY JEH JOHNSON, et al.,
Defendants.

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to FED. R. CIV. P. 12(b)(1) because there is no longer a present controversy upon which this court

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may grant relief. (Doc. # 5 at 2). Defendants represent that on August 26, 2015, USCIS issued a

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Id. at 1
2). Plaintiff has not filed a response.

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FED. R. CIV. P.

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41(a)(1)(A)(i). (Doc. # 6). Plaintiff seeks dismissal of his case on the basis that the defendant has

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not served an answer or a motion for summary judgment. (Id. at 1).

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FED. R. CIV. P. 41(a)(1)(A)(i) allows a plaintiff to voluntarily dismiss a claim without court

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Defendants have not filed an answer nor have they filed a motion for summary judgment.
Therefore, dismissal under FED. R. CIV. P. 41(a)(1)(A)(i) is proper.

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denied as moot.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action, case number

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2:15-cv-01498-JCM-CWH be, and the same hereby is, dismissed without prejudice.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that defendants motion to

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dismiss (doc. # 5) be, and the same hereby is, DENIED as moot.
IT IS FURTHER ORDERED that the clerk shall enter judgment accordingly and close the

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case.
DATED THIS 5th day of November, 2015.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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