Dida v. Chertoff et al

Filing 12

ORDER granting leave re 11 Consent MOTION to Amend/Correct 10 MOTION to Dismiss of Federal Defendants MOTION to Dismiss for Lack of Jurisdiction. It is further ordered that leave is granted to have filed in its place Federal Defendants' first amended motion to dismiss. Signed by Magistrate Judge Carl Horn, III on 11/12/08. (dtr)

IN THE UNITED STATES DISTRICT COURT F OR THE WESTERN DISTRICT OF NORTH CAROLINA C HAR LO TTE DIVISION VISAR DIDA, A9 4 506 703, ) ) ) P l ai nt i ff, ) ) v. ) ) M ICH AEL CHERTOFF, Secretary, ) U.S. Department of Homeland Security; ) RICH ARD GOTTLIEB, Officer-in-Charge, ) U.S. Department of Homeland Security, ) B ur e au of Citizenshi p Immigration Services, ) Char l o t t e Office; ROBERT S. MUELLER, ) III, Director of the Federal Bureau of ) Inve s t i g at i o n; JONATHAN SCHARFEN, ) Ac t i ng Director, U.S. Department of ) H o m e l and Security, Bureau of Citizenship ) and Immigration Services; MICHAEL B. ) M UKASEY, Attorney General of the United ) St at e s , ) ) De fe ndant s . ) CO NSENT ORDER Fe de r al Defendants Chertoff, Gottlieb, Mueller, Scharfen and Mukasey ("Federal De f e ndant s ") , in their official capacities, have moved to amend their Motion to Dismiss Fi l e d on November 10, 2008. It appears that Plaintiff consents to this Motion to Amend. For the reasons stated in Federal Defendants' Motion to Amend, for good cause shown, f o r the reasons stated at bar, and it appearing that Plaintiff consents, IT IS THEREFORE ORDERED that Federal Defendants are GRANTED leave to am e nd their Motion to Dismiss and IT IS FURTHER ORDERED that leave is GRANTED to have filed in its place Fe de r al Defendants' First Amended Motion to Dismiss.

CIVIL NO. 3:08CV356

SO ORDERED. Signed: November 12, 2008

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