Mohammed v. United States Citizenship and Immigration Services, No. 2:2007cv14943 - Document 24 (E.D. Mich. 2009)
Court Description: OPINION AND ORDER finding as moot 12 Motion to Dismiss & Dismissing Amended Complaint Without Prejudice. Signed by District Judge Patrick J Duggan. (MOre)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RAFAT MOHAMMED, Plaintiff, Case No. 07-14943 v. Honorable Patrick J. Duggan U.S. IMMIGRATION AND NATURALIZATION SERVICES, Defendant. / OPINION AND ORDER At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on_September 10, 2009. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE Rafat Mohammed ( Plaintiff ) initiated this action on November 19, 2007, seeking a writ of mandamus that compels the United States Immigration and Naturalization Services, which is now known as the United States Citizenship and Immigration Services ( Defendant or USCIS ), to complete all necessary background checks and security clearances necessary to adjudicate his application to adjust his status to a permanent resident alien. Defendant answered Plaintiff s original pro se complaint on April 8, 2008. Presently before this Court is Defendant s motion to dismiss or, in the alternative, for summary judgment. After counsel appeared on behalf of Plaintiff, Plaintiff filed a response to Defendant s motion and an amended complaint on June 27, 2008. This Court has held or adjourned numerous hearings since that time. For the reasons set forth on the record at the September 10, 2009, hearing: IT IS ORDERED that Plaintiff s amended complaint is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Defendant s motion to dismiss or, in the alternative, for summary judgment is DENIED as moot. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Steven N. Garmo, Esq. Steven P. Cares, AUSA 2
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