2:25-cv-01232•Gambino v. Mooney et al
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1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CHARLES GAMBINO * CIVIL ACTION NO. 25-1232 VERSUS * JUDGE ELDON E. FALLON JOSEPH MOONEY AND UNITED STATES * MAGISTRATE JUDGE OF AMERICA, DEPT. OF JUSTICE, FBI EVA J. DOSSIER * * * * * * * * ORDER & REASONS Before the Court is a motion to dismiss for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) filed by Defendant, the United States of America. R. Doc. 16. Plaintiff Charles Gambino filed a response to the motion, stating that “after reviewing Defendant’s motion to dismiss, [Plaintiff] acknowledges that the FBI had not yet denied his administrative claim at the time this lawsuit was filed.” R. Doc. 17. Accordingly, Plaintiff “consents to the dismissal” of the instant suit. Id. Moreover, as noted in the Plaintiff’s response, Plaintiff has filed a new lawsuit “based on the fully exhausted administrative claim” that has been transferred to this Court’s docket. See E.D. La. Civ. Action No. 25-2476. Accordingly; IT IS ORDERED that the motion to dismiss, R. Doc. 16, is GRANTED. Plaintiff’s claims are hereby DISMISSED WITHOUT PREJUDICE. New Orleans, Louisiana, this 18th day of December, 2025. THE HONORABLE ELDON E. FALLON Case 2:25-cv-01232-EEF-EJD Document 18 Filed 12/18/25 Page 1 of 1
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