Free Notice of Voluntary Dismissal - District Court of California - California

Case 3:08-cv-00449-BTM-WMC

Document 3

Filed 04/30/2008

Page 1 of 2

Robert A. Mautino Mautino and Mautino California State Bar No. 54071 1059 10th Avenue San Diego, CA 92101 Telephone: (619) 235-9177 E-mail: [email protected] Attorney for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) No. 08-cv-449 BTM WMc ) Plaintiff ) -vs) VOLUNTARY DISMISSAL OF ACTION ) Michael Chertoff, Secretary, ) Department of Homeland ) Security, et al., ) ) Defendants ) __________________________) WHEREAS, the Plaintiff complained that the Defendants had not completed action on his application for naturalization which had been pending for over three years, and WHEREAS, the Defendants, through counsel, have indicated that they are now ready to adjudicate his application, and WHEREAS, the Defendants have no jurisdiction to act on Plaintiff's application while the matter is before the Court per 8 U.S.C. 1447(b), and WHEREAS, the Plaintiff is willing to have the Defendants adjudicate his application, and WHEREAS, the Defendants have not answered the complaint or otherwise appeared in this action, Dejan Ristic,

Case 3:08-cv-00449-BTM-WMC

Document 3

Filed 04/30/2008

Page 2 of 2

NOW, THEREFORE, the Plaintiff, through counsel, voluntarily dismisses this action pursuant to rule 49(a)(1) of the Federal Rules of Civil Procedure. The Clerk is requested to enter said dismissal in the records of the District Court. Dated: April 30, 2008 Respectfully submitted,

s/Robert A. Mautino Robert A. Mautino Mautino and Mautino Attorney for Plaintiff