Maldonado v. Napolitano et al

Filing 31

ORDER denying 12 Motion for Reconsideration - Defendants' motion to dismiss (DE # 25) and plaintiffs "motion for order to cancel ICE detainer pending review of petition for declaratory judgment" (DE # 28) remain pending and under review. Signed by District Judge Louise Wood Flanagan on 8/17/2012. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

NORTHERN DIVISION

No.2: 1O-CV -63-FL

MIGUEL MALDONADO,
Plaintiff,
v.

JANET NAPOLITANO and BUREAU OF
IMMIGRATION AND CUSTOMS
ENFORCEMENT,
Defendants.

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ORDER

This matter is before the court onpro se plaintiff's motion to reconsider (DE # 12). Plaintiff
filed motion for leave to proceed in forma pauperis ("IFP") on November 18, 2010 and
contemporaneously filed "motion for naturalization pending review ofpetition for declamatory [sic]
judgment." Plaintiff's motion to proceed IFP was referred to Magistrate Judge Gates for frivolity
review. By order entered July 6, 2011, the magistrate judge allowed plaintiff's motion to proceed
IFP, directed the clerk to file plaintiff's complaint and issue his prepared summonses, and directed
the United States Marshal to serve the summonses and a copy of the complaint on defendants.
On September 9,2011, the undersigned entered order denying without prejudice plaintiff's
"motion for naturalization pending review of petition for declamatory [sic] judgment." The court
noted that the response time for the motion passed long before defendants were served with
complaint. Where the matter therefore was not fully briefed, the court denied plaintiff's motion

without prejudice to renewal in order to secure benefit of defendants' response. Plaintiff was
informed he could resubmit his motion after defendants answered the complaint. 1
Plaintiff filed the instant motion on September 19, 2011, asking the court to reconsider
decision to deny with prejudice plaintiffs motion for naturalization. The undersigned does not find
cause for the grant of such relief, and plaintiffs motion for reconsideration (DE # 12) is DENIED.
Defendants' motion to dismiss (DE # 25) and plaintiffs "motion for order to cancel ICE detainer
pending review of petition for declaratory judgment" (DE # 28) remain pending and under review.
SO ORDERED, this the

17~ day of August, 2012.

LOUISE W. FLANAGAN

United States District Judge

1 On October 28,2011, order was entered, following the court's regular review of the docket, informing plaintiff that
he had not properly served defendants pursuant to Rule 4(i) of the Federal Rules of Civil Procedure. Plaintiff was
informed that to perfect service on defendants, an agency and an officer of the United States, a summons and copy of
the complaint must also be served on the United States Attorney for the Eastern District ofNorth Carolina and the United
States Attorney General in Washington, D.C. Where plaintiff proceeds pro se and informa pauperis, he was allowed
until December 10, 2011 to cure his failure to perfect service. Further, the court directed the clerk to deliver the
summonses and copies of the corrected complaint to the United States Marshal for service. Summons was returned
executed and entered on the docket November 4, 20 II, indicating service on the United States Attorney on behalf of
defendants Bureau of Immigration and Customs Enforcement and Janet Napolitano. Defendants then filed motion to
dismiss on January 31, 2012, which motion remains underreview.

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