Martin v. Secretary of Army Commander

Full title: COREY D. MARTIN, Petitioner, v. SECRETARY OF THE ARMY and COMMANDER, 10th…

Court: United States District Court, N.D. New York

Date published: Sep 15, 2006

5:06-CV-312 (N.D.N.Y. Sep. 15, 2006)

Opinion

5:06-CV-312.

September 15, 2006

COSTELLO COONEY FEARON, SAMUEL C. YOUNG, ESQ., Attorneys for Petitioner, Syracuse, New York.

HON. GLENN T. SUDDABY, United States Attorney, CHARLES E. ROBERTS, ESQ. Assistant U.S. Attorney, Attorney for Respondents, Northern District of New York, Syracuse, New York.

ORDER

DAVID HURD, District Judge

The respondents have moved to dismiss the petition as now moot pursuant to Fed.R.Civ.P. 12(b)(1). (Docket No. 11). The petitioner does not oppose. (Docket No. 12).

Therefore, it is

ORDERED that

1. The motion to dismiss is GRANTED; and

2. The petition is DISMISSED as moot.

The Clerk is directed to enter Judgment accordingly.

IT IS SO ORDERED.