7th September 2006, 04:04 PM
hate140delay
Registered User Join Date: Oct 2004
Posts: 145
Stipulation to dismiss
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My 485 is approved through WOM.
AUSA faxed me "Stipulation to dismiss action and Proposed Order" which says -
"Plaintiff, proceeding pro se, and defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the court, to dismissal of the action because the petitioner's I-485 application for adjustment of status has been adjudicated.
Each of the parties shall bear their own costs and fees."
There is no mention to dismiss "without prejudice". Looking at the Pro-se handbook, the definition of "without prejudice" is -
If a court dismisses claims in your complaint without prejudice, you may file another complaint in which you assert these claims again. Dismissal without prejudice is sometimes also referred to as dismissal “with leave to amend” because you are permitted to file an amended complaint.
I read previous posts always asking to put "without prejudice" but in my case I guess there is no more action to be taken as I have already got my cards.
Ok to sign and dismiss with AUSA's version?
__________________
485 EB3 - RD 08/03
Writ of Mandamus lawsuit filed 07/28/06
485 approved 08/28/06