Alabesi v. US Citizenship and Immigration Services
Filing
18
ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS; granting 14 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Dale A. Kimball on 1/25/12 (alt)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
HUSSAIN KAMEL ALABESI,
Plaintiff,
ORDER AFFIRMING
REPORT & RECOMMENDATION
v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES,
Case No. 2:11CV501DAK
Judge Dale A. Kimball
Defendant.
This case was assigned to United States District Court Judge Dale A. Kimball, who then
referred it to United States Magistrate Judge Brooke C. Wells under 28 U.S.C. § 636(b)(1)(B).
Plaintiff Hussain Kamel Alabesi instituted this civil rights action alleging that Defendant
wrongfully failed to make a final decision as to his citizenship. Defendant filed a motion
requesting dismissal of Plaintiff’s Complaint for lack of subject matter jurisdiction.
On December 27, 2011, Magistrate Judge Wells issued Report and Recommendation,
finding that Plaintiffs’ claims are now moot because Defendant has made a final decision
regarding Plaintiff’s citizenship. Based on the absence of an actual case or controversy,
Magistrate Judge Wells recommends that this court grant Defendant’s motion to dismiss for lack
of subject matter jurisdiction.
The Report and Recommendation notified Plaintiff that any objection to the Report and
Recommendation was required to be filed within fourteen days of receiving it. The time for
filing an objection has passed and no objection has been filed to the Report and
Recommendation.
The court has reviewed the file de novo. The court approves and adopts the Magistrate
Judge's Report and Recommendation in its entirety. Accordingly, Defendant’s Motion to
Dismiss is GRANTED and Plaintiff’s Complaint is DISMISSED. The Clerk of Court shall close
the case.
DATED this 25th day of January, 2012.
BY THE COURT:
DALE A. KIMBALL
United States District Judge
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