Here's the full order from Hanen:https://www.documentcloud.org/documents/3989684-US-v-Texas-Order.html …
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Here was the Texas/states' notice of voluntary dismissal:https://www.documentcloud.org/documents/3989691-Texas-v-US-Notice-of-Dismissal.html …
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This means that, for now, the Texas v. US DAPA/DACA extension case will continue. Awaiting word from Texas on next steps.
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(It likely is a technicality, but who knows how it will play out given that the parties are Hanen, Texas, and the Trump admin.)
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My write-up: Judge Refuses To Dismiss States' Immigration Action Challenge, Even After DACA End Announcedhttps://www.buzzfeed.com/chrisgeidner/judge-refuses-to-dismiss-states-immigration-action?utm_term=.taY6gBR4q …
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What does this mean
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This … seems unusual?
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Was this a sua sponte order? Or did someone move for some kind of ruling?
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Federal courts typically require an order. Voluntary dismissal self-executing in state courts.
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Well, a voluntary dismissal under 41(a)(1)(a)(i) is self-executing in fed court too, but that's not my question.
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My question is, what caused the court to issue an order? Did it notice the defect? Or did someone ask for an order?
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Because voluntary dismissal by court order is Rule 41(a)(2). But the court specifically cites 41(a)(1)
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(I mean, the rule the court cites is litearlly called "(a) Voluntary Dismissal. (1) By the Plaintiff. (A) Without a Court Order."
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And FWIW (a)(1)(A) applies only b4 answer, which seems to have been filed here
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I know it applies only before answer, and that the court says an answer was filed. I'm just wondering why the court weighed in.
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Also, there's something evil about Hanen trying to use the Dreamers' intervention as attempt to maintain jurisdiction to harm them.
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This is the "I've put too much time into this crap" exception to Article III CoC jurisdiction we all learned about in law school.
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Judge Hanen really needs to be impeached. Same for Judge Real, fwiw.
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Sounds procedural. May just need to file an application for dismissal under correct rule and give other side opportunity to respond
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No, Judge Hanen is crazy. Reason case was filed where it was.
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