CONGRATS... I like the second one... and would file the second one your version...xu111 said:Following the suggestions of AUSA and gurus of this thread, I am going to file dimissal motion early next week. Please help me check the dismissal draft. I got a template from AUSA, and I modified it with suggestions from Haddy. I pasted both version at below.
I have one more questions about current status of my complaint. I haven't filed Proof of Serivce yet (I am a bit lazy, but we have 120-day to serve defendants). I guess it doesn't matter now because I am going to dismiss the case. Is that right?
Today, I also asked AUSA whether the quick resolvement of my case is due to her help or just happened by itself. She said she didn't send any expedite request to USCIS. It looks like that I am just lucky.
OK, here is the dismissal templates:
AUSA's version:
On June 5, 2006, Plaintiff filed a complaint for a writ of mandamus, seeking adjudication of his application for adjustment of status. On June 28, 2006, Plaintiff's application was approved. Accordingly, Plaintiff has received the relief he sought, and hereby voluntarily withdraw his complaint.
My version
On June 5, 2006, Plaintiff filed a complaint for a writ of mandamus, seeking adjudication of his, as well as his wife’s, application for adjustment of status (AOS). One June 28, 2006, Plaintiff’s AOS application was approved, 23 days after filing this complaint. Plaintiff’s wife’s case is still under process. Since Plaintiff’s wife is not listed as a plaintiff, Plaintiff hereby requests the court to dismiss this complaint as moot without prejudice.
Thanks in advance for your suggestions.
the part where you asked the AUSA if she did something... I would say no... she did not do anythign... but when you filed your complaint... and sent all the partied (defendants) your lawsuit complaint copies... that is what worked... and your previous correspondence to all the people you contacted in your case worked... so it was 100% your effort... no AUSA helped you... you should feel proud of yourself... I like the second version... just file it and send a copy to the AUSA... dont take pressure from AUSA version...