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07-1814 - Esomo v. Barrows et al


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07-1814 - Esomo v. Barrows et al
February 14, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that Defendant Muller's motion to dismiss (Docket #7) be GRANTED and that Defendant Muller be DISMISSED from this case for lack of jurisdiction. (Signed by Magistrate Judge Wm F Sanderson, Jr on 2/14/2008) (twd)
March 4, 2008
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ORDER. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. IT IS ORDERED that Defendant Muller's motion to dismiss (Docket #7) is GRANTED and Defendant Muller is DISMISSED for this case for lack of jurisdiction. (Signed by Judge Ed Kinkeade on 03/04/08) (lmp)
July 2, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that Defendants' motion to dismiss for lack of subject matter jurisdiction [Doc. # 8] be DENIED, that the District Court find that it has jurisdiction under 8 U.S.C. ยง 1421(c) to conduct de novo review of the denial of Plaintiff's application for naturalization, but that the Court's jurisdiction be LIMITED to a determination of whether removal proceedings are pending against the Plaintiff. It is further recommended that the case be DISMISSED because Plaintiff cannot demonstrate that the non-substantive ruling -- denying his application for naturalization because of the issuance of the NTA -- was incorrect. (Signed by Magistrate Judge Wm F Sanderson, Jr on 7/2/2008) (mfw) Modified on 7/3/2008 (mfw).
July 25, 2008
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ORDER ACCEPTING 21 Findings and Recommendation of the United States Magistrate Judge. (Signed by Judge Ed Kinkeade on 7/25/2008) (mfw)