Free Stipulation - District Court of California - California

Case 5:07-cv-04772-JW

Document 7

Filed 01/28/2008

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1 JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division MELANIE L. PROCTOR, CSBN 228971 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 RAJVINDER SINGH, 13 14 15 16 17 18 19 20 21 22 This is an action arising under 8 U.S.C. § 1447(b). Plaintiff, a resident of Tracy, California, alleges UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) No. C 07-4772 JW Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary of ) STIPULATION TO TRANSFER Homeland Security; EMILIO T. GONZALES, ) PROPOSED ORDER Director of the U.S. Citizenship and Immigration ) Services; ROSEMARY MELVILLE, District ) Director, U.S. Citizenship and Immigration ) Services; FRANCIS D. SICILIANO, Officer in ) Charge of the San Jose Office of the U.S. ) Citizenship and Immigration Services, ) ) Defendants. ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6730 FAX: (415) 436-7169

23 that he attended an interview on his naturalization application on November 15, 2004, but the 24 application remains unadjudicated. 25 Pursuant to 8 U.S.C. § 1447(b), if there is failure to make a naturalization determination 120 days

26 or more after the date of a naturalization examination, the applicant may apply to the United States 27 District Court for the district in which the applicant resides for a hearing on the matter. 28 Tracy, California is located in San Joaquin County, in the Eastern District of California. 28 U.S.C.
STIPULATION TO TRANSFER C07-4772 JW

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Case 5:07-cv-04772-JW

Document 7

Filed 01/28/2008

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1 § 84(a). Accordingly, venue for this action is proper in the Eastern District, but not in this District. 2 The parties to this action, by and through their attorneys, hereby stipulate and request of the Court

3 that this action should be transferred to the Eastern District of California pursuant to 28 U.S.C. 4 § 1406(a). Section 1406(a) provides: 5 6 The district court of a district in which is filed a case laying in venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.

7 Because venue is proper only in the Eastern District, the parties believe that the interests of justice 8 require that this action be transferred to the United States District Court for the Eastern District of 9 California. 10 Dated: January 28, 2008 11 12 13 14 15 16 Dated: January 28, 2008 17 18 19 20 ORDER The foregoing stipulation is approved and this action is hereby transferred to the United States /s/ KANWAL M. SINGH Attorney for Plaintiff /s/ MELANIE L. PROCTOR1 Assistant United States Attorney Attorneys for Defendants Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney

21 District Court for the Eastern District of California, the judicial district in which this case should have 22 been brought. IT IS SO ORDERED. 23 Date: 24 25 26 27 28 I, Melanie L. Proctor, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.
STIPULATION TO TRANSFER C07-4772 JW
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JAMES WARE United States District Judge

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