Roland et al v. U. S. Citizenship and Immigration Service et al

Filing 10

ORDER denying without prejudice defendants' 7 Motion to Dismiss. Signed by District Judge Max O. Cogburn, Jr. on 3/27/15. (khm) (Main Document 10 replaced and modified text on 3/27/2015.) NEF Regenerated. (khm)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION DOCKET NO. 1:14-cv-00289-MOC-DLH WAN HANG GLORIA CHAN ROBERT S. ROLAND, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, Vs. DENISE FRAZIER UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES JEH JOHNSON LEANDER HOLSTON ERIC HOLDER JAMES COMEY LEON RODRIGUEZ, Defendants. ORDER THIS MATTER is before the court on defendants' Motion to Dismiss (#7) made pursuant to Rule 12(b)(1) and (6). Having considered defendants’ motion and reviewed the pleadings, the court enters the following Order. ORDER IT IS, THEREFORE, ORDERED that defendants’ Motion to Dismiss (#7) is DENIED without prejudice as to reasserting the substance of such motion at the close of discovery in a Motion for Summary Judgment. Signed:March 27, 2015 -1-

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