Doe v. Mayorkas et al, No. 1:2020cv00618 - Document 49 (E.D. Va. 2021)

Court Description: MEMORANDUM OPINION and ORDER. ORDERED that the re 32 MOTION to Dismiss is GRANTED and the petition is hereby DISMISSED WITHOUT PREJUDICE. ORDERED that the re 2 Motion to Proceed Under Pseudonym is GRANTED. ORDERED that this action shall be u nsealed by the Clerk except at to the following docket entries, which shall remain under seal until further order of the Court: Dkt Nos. 2 , 17 , [24-1], [31-1], [31-2], [31-3], [31-4], [31-5], and [31-6]. The Clerk is directed to substitute the fo llowing docket entries for the proposed redacted versions of the documents at Dkt. Nos. [41-1] and [41-2], which Respondents have submitted and the Court accepts as sufficiently protective of the Petitioner's identity and personal circumstances : Dkt Nos. 21 , 24 , 25 , 31 , 32 , [32-7], 33 , 34 , 35 , and 36 . ORDERED that the re 38 MOTION to Stay and 40 MOTION for Extension be DENIED AS MOOT. ORDERED that the docket and case caption reflect that Kevin McAleenan and Cha d Wolf have been substituted for Alejandro Mayorkas, Secretary of the United States Department of Homeland Security, as the proper named Respondent pursuant to Federal Rule of Civil Procedure 25( d). To appeal this decision, Petitioner must file a wr itten notice of appeal with the Clerk of Court within 30 days of the date of entry of this Order. A notice of appeal is a short statement indicating a desire to appeal, including the date of the order Petitioner wants to appeal. Petitioner need not explain the grounds for appeal until so directed by the court of appeals. Failure to file a timely notice of appeal waives Petitioner's right to appeal this decision. Signed by District Judge Rossie D. Alston, Jr on 6/7/2021. (lcre, )(c/s)