Opinion
No. CV 05-1729-DFL-PAN.
October 19, 2005
Robert B. Jobe, LAW OFFICE OF ROBERT B. JOBE, San Francisco, CA, Attorney for Plaintiffs.
MOTION FOR VOLUNTARY DISMISSAL OF COMPLAINT WITHOUT PREJUDICE [AND] PROPOSED ORDER
Pursuant to Civil Local Rule 7, Kyaw Kyaw Aung ("Mr. Aung"), Khine Khine Oo ("Ms. Oo"), Zaw Khine Aung ("Zaw") and Hnin Wityee Aung ("Hnin") through counsel, request that their mandamus complaint currently pending before the Court be dismissed without prejudice. Subsequent to the filing of his mandamus complaint, the I-730 petitions filed by Mr. Aung on behalf of his wife and children were approved. See Att. A (I-730 Approval Notices). Therefore, Plaintiffs are no longer alleging that the U.S. Citizenship and Immigration Services is illegally delaying the adjudication of Mr. Aung's I-730 petitions.
WHEREFORE, Plaintiffs pray that this Court allow them to voluntarily dismiss their mandamus complaint, without prejudice.
ORDER
Pursuant to this Motion, IT IS SO ORDERED.