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Shi J. Zhang v. Janet Napolitano

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 10, 2011

SHI J. ZHANG, PLAINTIFF,
v.
JANET NAPOLITANO, ET AL., DEFENDANTS.

ORDER

This case, in which plaintiff seeks review of a decision by the United States Citizenship and Immigration Service to deny his application for adjustment of his immigration status, is before the undersigned pursuant to the consent of the parties. See 28 U.S.C. 636(c); Fed. R. Civ. P. 73; E.D. Cal. L.R. 301.

On January 20, 2011, the undersigned issued an order explaining that "it appears that this court lacks jurisdiction over this action in light of plaintiff's concurrent removal proceedings before the immigration court." Dckt. No. 31 at 8. The order therefore directed plaintiff to show cause, on or before February 3, 2011, why this action should not be dismissed for lack of jurisdiction. Id. The order further provided that "[f]ailure of plaintiff to file a response to this order to show cause will result in a dismissal of the action for lack of jurisdiction." Id.

Although the deadline has now passed, the court docket reflects that plaintiff has not filed a response to the order to show cause. In light of plaintiff's failure, and for the reasons stated in the January 20, 2011 order, this action will be dismissed for lack of subject matter jurisdiction.

Accordingly, IT IS HEREBY ORDERED that:

1. This action is dismissed for lack of subject matter jurisdiction;

2. The parties' cross-motions for summary judgment, Dckt. Nos. 26 and 27, are denied as moot; and

3. The Clerk is directed to close this case.

20110210

© 1992-2011 VersusLaw Inc.



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