Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 1 of 35 UNITED STATES DISTRICT COURT SOUT~ DISTRICT OF N'ZW YORK -----------------------------------x NICHOLAS MERR!l1L, 14-CV-9763 Plaintiff, (VM) DECISION AND ORD!:R - against LORETTA E. LYNCH, in her official Capacity as Attorney General of The united States, and JAMES B. COMEY, in his official capacity as Director of the Federal Bureau of Investigation, Defendants. -----------------------------------x VICTOR MARRERO, United States District Judge. Plaintiff seeking Lynch, Nicholas injunctive Merrill relief ("Merrill") against O:i.rector of (collectively, 1 Loretta E. Merrill's 56 or motion of the Federal in his official capacity Bureau of Investigation "Defendants• or "the Government").> (Dkt. No. ("Complaint• Rule defendants suit in her official capacity as Attorney General of the United States, and James B. Corney, as brought the "Compl. •).) for summary Federal Rules Now before judgment, of Civil made the Court is pursuant to Procedure ("Rule 1 The Court notes that, at the time Merrill initiated this litigation, t:ric Holder, Jc sexved as the Attorney G<11neral of the United St;ates, and in that official (.;apacity, was a naimed defendant. ?ursuant. to Federal Rule of civil Procedure 25 (d), the Court substitutes t.oretta E. t.ynch for Eric Holder, Jr.

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