Filed: Apr. 10, 2018
Latest Update: Apr. 10, 2018
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . This is a petition for writ of mandamus. The parties have filed a joint stipulation seeking a court order dismissing this action with prejudice and without an award of costs or fees to either party based on USCIS's issuance of a Notice of Intent to Deny and its agreement to issue a final decision on Plaintiff-Petitioner's Application to Register Permanent Residence or Adjust Status (Form I-485) within 45 days of its receipt of
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . This is a petition for writ of mandamus. The parties have filed a joint stipulation seeking a court order dismissing this action with prejudice and without an award of costs or fees to either party based on USCIS's issuance of a Notice of Intent to Deny and its agreement to issue a final decision on Plaintiff-Petitioner's Application to Register Permanent Residence or Adjust Status (Form I-485) within 45 days of its receipt of ..
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REPORT AND RECOMMENDATION
BRIAN A. TSUCHIDA, Magistrate Judge.
This is a petition for writ of mandamus. The parties have filed a joint stipulation seeking a court order dismissing this action with prejudice and without an award of costs or fees to either party based on USCIS's issuance of a Notice of Intent to Deny and its agreement to issue a final decision on Plaintiff-Petitioner's Application to Register Permanent Residence or Adjust Status (Form I-485) within 45 days of its receipt of his response to the Notice of Intent to Deny. Dkt. 4. The parties further request that the Court retain jurisdiction over this action if necessary to enforce the terms of their agreement. Id.
The Court recommends that the joint stipulation, Dkt. 4, be GRANTED immediately, and this action be DISMISSED with prejudice and without an award of costs or fees to either party. The Court further recommends that jurisdiction be retained over the action to enforce the terms of the parties' agreement, if necessary. A proposed Order accompanies this Report and Recommendation.
The Clerk is directed to note this matter as immediately ready for the consideration of the Honorable John C. Coughenour.
ORDER OF DISMISSAL
Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the balance of the record, and Court finds and ORDERS:
1. The Report and Recommendation is ADOPTED.
2. The parties' joint stipulation, Dkt. 4, is GRANTED.
3. This action is DISMISSED with prejudice and without an award of costs or fees to either party.
4. The Court shall retain jurisdiction over this matter to enforce the terms of the parties' agreement, if necessary.
5. The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida. DATED this ______ day of _____________, 2018.
__________________
JOHN C. COUGHENOUR
United States District Judge
JUDGMENT IN A CIVIL CASE
____ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
X Decision by Court. This action came to consideration before the Court. The issues have been considered and a decision has been rendered.
THE COURT HAS ORDERED THAT:
The Report and Recommendation is adopted and approved. Based on the parties' joint stipulation, this action is dismissed with prejudice and without an award of costs or fees to either party. The Court will retain jurisdiction over the matter to enforce the terms of the parties' agreement, if necessary.
