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Doe v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


January 25, 2008

JOHN DOE, PLAINTIFF,
v.
UNITED STATES OF AMERICA, U.S. DEPARTMENT OF HOMELAND SECURITY, MICHAEL CHERTOFF, SECRETARY OF U.S. DEPARTMENT OF HOMELAND SECURITY, AND U.S. CITIZENSHIP AND IMMIGRATION SERVICE, DEFENDANTS.

The opinion of the court was delivered by: Terrence F. McVerry United States District Court Judge

ORDER OF COURT

Presently pending before the Court is the MOTION TO DISMISS AMENDED COMPLAINT FOR DECLARATORY JUDGMENT AND EQUITABLE RELIEF, with brief in support, filed by Defendants.

On June 19, 2007, Plaintiff filed a Notice of Appeal with the United States Court of Appeals for the Third Circuit appealing the Memorandum Opinion and Order of June 11, 2007, in which the Court denied Plaintiff's request for leave to proceed in pseudonym. By Order of Court dated June 20, 2007, the Court stayed all proceedings in this case pending the disposition of Plaintiff's appeal.

Accordingly, the Motion to Dismiss is DENIED without prejudice to Defendant refiling same upon the disposition of Plaintiff's appeal.

20080125

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