CLARK v. DEIGNAN et al
MEMORANDUM/ORDER administratively terminating, w/out prejudice re 4 MOTION to Dismiss filed by MARIA KELOKATES, MICHAEL DEIGNAN, RICHARD M. FRANKEL, PAUL J. FISHMAN. On or before April 18, 2016, counsel shall, preferably on a joint basis, file a short written status report with the court. Signed by Judge Kevin McNulty on 3/15/16. (DD, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
Civ. No. 15-2854 (KM)
MEMORANDUM and ORDER
MICHAEL DEIGNAN, et al.,
The plaintiff has filed a complaint for mandamus and injunctive relief
seeking a more thorough search for possible DNA evidence dating from
approximately 1985 (ECF no. 1). The defendants have moved to dismiss the
complaint. (ECF no. 4)
On March 15, 2016, the Court held oral argument. In the course of oral
argument, it appeared that there had been significant cooperation by the
government with informal requests to search. It further appeared that plaintiff’s
counsel acknowledged that a petition under the Innocence Protection Act, 18
§ 3600, might prove to be the better procedural vehicle for the relief
It was therefore agreed that the motion to dismiss would be
administratively terminated, and that the parties would be given 30 days to
meet and confer in an effort to reach a mutual accord as to the matters raised
in the complaint.
ACCORDINGLY, IT IS this
day of March, 2016
ORDERED that the motion to dismiss (ECF’ no. 4) is ADMINISTRATIVELY
TERMINATED without prejudice.
On or before April 18, 2016, counsel shall, preferably on a joint basis, file
a short written status report with the court.
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