Cheng v. United States Department of Homeland Security et al

Filing 11

ORDER: Granting the # 10 Notice of Voluntary Dismissal filed by Queenie Yin Kwan Cheng. Signed by Judge David N. Hurd on August 25, 2015. (rep)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _________________________________________________ August 25, gust AuAugust 2015 QUEENIE YIN KWAN CHENG, Plaintiff, NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P 41(a)(1)(A) vs. Case No.: 15-CV-00721 (DNH/RFT) UNITED STATES DEPARTMENT OF HOMELAND SECURITY, JEH JOHNSON, as Secretary of Homeland Security, LEON RODRIGUEZ, as Director of U.S. Citizenship and Immigration Services, EDWARD NEWMAN, as Director of the Northeast Region, U.S. Citizenship and Immigration Services, and GWYNNE DINOLFO, as Albany Field Office Director, U.S. Citizenship and Immigration Services. Defendants. _________________________________________________ WHEREAS, Plaintiff Queenie Yin Kwan Cheng (“Plaintiff”) filed this action seeking, among other things, a writ in the nature of mandamus requiring Defendants and/or their agents to process and properly adjudicate Plaintiff’s application for naturalization to a conclusion; WHEREAS, it is Plaintiff’s understanding that Defendants intend to immediately grant and approve Plaintiff’s application for naturalization to a conclusion should this action be voluntarily dismissed; and NOW, THEREFORE, pursuant to Fed.R.Civ.P. 41(a)(1)(A) Plaintiff voluntarily discontinues this action, without prejudice to any of Plaintiff’s rights or remedies, including, without limitation, her right to reopen, re-file, or otherwise reinstate this action. Dated: Albany, New York August 25, 2015 WHITEMAN OSTERMAN & HANNA LLP By: /s/ William S. Nolan ____________________________________ William S. Nolan, Esq. (512108) Attorneys for Plaintiff One Commerce Plaza Albany, New York 12260 (518) 487-7600 w:\24000\24014\pleadings\15 08 25 cheng - notice of voluntary dismissal.docx 2

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