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ALABESI v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, 2:11CV501DAK. (2012)

Court: District Court, D. Utah Number: infdco20120127f29 Visitors: 1
Filed: Jan. 25, 2012
Latest Update: Jan. 25, 2012
Summary: ORDER AFFIRMING REPORT & RECOMMENDATION DALE A. KIMBALL, District Judge. This case was assigned to United States District Court Judge Dale A. Kimball, who then referred it to United States Magistrate Judge Brooke C. Wells under 28 U.S.C. 636(b)(1)(B). Plaintiff Hussain Kamel Alabesi instituted this civil rights action alleging that Defendant wrongfully failed to make a final decision as to his citizenship. Defendant filed a motion requesting dismissal of Plaintiff's Complaint for lack of sub
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ORDER AFFIRMING REPORT & RECOMMENDATION

DALE A. KIMBALL, District Judge.

This case was assigned to United States District Court Judge Dale A. Kimball, who then referred it to United States Magistrate Judge Brooke C. Wells under 28 U.S.C. § 636(b)(1)(B). Plaintiff Hussain Kamel Alabesi instituted this civil rights action alleging that Defendant wrongfully failed to make a final decision as to his citizenship. Defendant filed a motion requesting dismissal of Plaintiff's Complaint for lack of subject matter jurisdiction.

On December 27, 2011, Magistrate Judge Wells issued Report and Recommendation, finding that Plaintiffs' claims are now moot because Defendant has made a final decision regarding Plaintiff's citizenship. Based on the absence of an actual case or controversy, Magistrate Judge Wells recommends that this court grant Defendant's motion to dismiss for lack of subject matter jurisdiction.

The Report and Recommendation notified Plaintiff that any objection to the Report and Recommendation was required to be filed within fourteen days of receiving it. The time for filing an objection has passed and no objection has been filed to the Report and Recommendation.

The court has reviewed the file de novo. The court approves and adopts the Magistrate Judge's Report and Recommendation in its entirety. Accordingly, Defendant's Motion to Dismiss is GRANTED and Plaintiff's Complaint is DISMISSED. The Clerk of Court shall close the case.

Source:  Leagle

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