Gambino v. Mooney et al

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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