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Patel v. Holder

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 24, 2010

NILESH PATEL, PLAINTIFF,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL OF THE UNITED STATES; JANET NAPOLITANO, SECRETARY, DEPARTMENT OF HOMELAND SECURITY; CAROL KELLER, DISTRICT DIRECTOR, SAN JOSE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES; DEFENDANTS.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

PARTIES' CONSENT TO MAGISTRATE JUDGE JURISDICTION; STIPULATION TO DISMISS; AND [PROPOSED] ORDER

In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, Plaintiff and Defendants in this case hereby voluntarily consent to have a United States Magistrate Judge conduct any and all further proceedings in the case, including trial, and order the entry of a final judgment.

Additionally, Plaintiff, by and through his attorney of record, and Defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above-entitled action without prejudice in light of the fact that the United States Citizenship and Immigration Services is now prepared to adjudicate Plaintiff's application for naturalization and agrees to do so within 30 days of the dismissal of this action. See 8 U.S.C. § 1447(b).

Each of the parties shall bear their own costs and fees.

Dated: May 21, 2010

Respectfully submitted,

JOSEPH P. RUSSONIELLO United States Attorney

ILA C. DEISS*fn1 Assistant United States Attorney Attorneys for Defendants

Date: May 20, 2010

GABRIEL D. JACK Attorney for Plaintiff

ORDER

Pursuant to stipulation, IT IS SO ORDERED.


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