Opinion
CASE NO. 07 CV 1777 JM (CAB).
December 26, 2007
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS
Plaintiff brought this mandamus action to compel the United States Citizenship and Immigration Service ("CIS") to adjudicate her I-485 application to adjust status. On December 12, 2007, Plaintiff filed a motion to withdraw her complaint because CIS adjudicated her application. Defendants filed a noticed of non-opposition to Plaintiff's motion. Pursuant to Federal Rules of Civil Procedure ("FRCP") Rule 41(a)(2), the court construes Plaintiff's motion as a motion to dismiss and hereby GRANTS dismissal.
The court also notes that Plaintiff could have voluntarily dismissed the action without a court order under FRCP Rule 41(a)(1). Rule 41(a)(1) requires only a stipulation of dismissal signed by all parties, prior to service of an answer or motion for summary judgment.
IT IS SO ORDERED.