Son v. Biggs et al
Filing
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JOINT STIPULATION and ORDER DISMISSING CASE without prejudice signed by Magistrate Judge Gregory G. Hollows on 6/8/2011. CASE CLOSED.(Duong, D)
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BENJAMIN B. WAGNER
United States Attorney
AUDREY B. HEMESATH
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2729
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Attorneys for Respondents
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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
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CLAUDINE SON,
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Plaintiff,
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v.
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Michael C. Biggs, Secretary of Homeland
Security, et al.
Defendants.
No. 2:10-cv-3327 GGH
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JOINT STIPULATION AND ORDER RE:
DISMISSAL.
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This is an immigration case in which Plaintiff challenges the denial of her naturalization
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application pursuant to 8 U.S.C. § 1421(c). Subsequent to the filing of the lawsuit, however,
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Plaintiff was placed into removal proceedings. Because she is now in proceedings, Plaintiff
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cannot simultaneously pursue naturalization. 8 U.S.C. § 1429. Accordingly, the parties stipulate
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to dismissal of this lawsuit, without prejudice to Plaintiff’s ability to refile upon the conclusion
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of the removal proceedings.
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DATED: June 6, 2011
Respectfully submitted,
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BENJAMIN B. WAGNER
United States Attorney
/s/ Audrey B. Hemesath
Audrey B. Hemesath
Assistant U.S. Attorney
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/s/ Geri Nadine Kahn
Geri Nadine Kahn
Attorney for the Plaintiff
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ORDER
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Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY
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ORDERED that the matter is DISMISSED without prejudice.1
IT IS SO ORDERED.
DATED: June 8, 2011
/s/ Gregory G. Hollows
__________________________
UNITED STATES MAGISTRATE JUDGE
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Pursuant to Fed.R.Civ.P. 41(a), a stipulated dismissal requires no court order. However,
form housekeeping purposes, the undersigned has signed it.
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