opinion: UNITED STATES v. LUCCHESE, alias LUCRESE, alias LUCASE, alias ARRA, alias LUCHESE.
  No. 57.
  Argued December 8, 12, 1960.
  Decided February 20, 1961.
  Wayne G. Barnett argued the cause for the United States. On the brief were Solicitor General Rankin, Assistant Attorney General Wilkey, Beatrice Rosenberg and Eugene L. Grimm.
  Richard J. Burke argued the cause for respondent. With him on the brief was Myron L. Shapiro.
  Mr. Justice Brennan
  delivered the opinion of the Court.
  This denaturalization proceeding was brought in the District Court for the Eastern District of New York under § 338 (a) of the Nationality Act of 1940! 8 U. S. C. (1946 ed.) § 738. The “good cause” affidavit was not filed with the complaint. The District Court dismissed the complaint following our decision in United States v. Zucca, 351 U. S. 91, “without prejudice to the government's right to institute a proceeding to denaturalize the defendant upon the filing of the required affidavit.” 149 F. Supp. 952. The Court of Appeals for the Second Circuit reversed, holding that the dismissal motion should have been denied. 247 F. 2d 123. We reversed and ordered the case “remanded to the District Court with directions to dismiss” the complaint. 356 U. S. 256. The District Court on the remand declined to order a dismissal “without prejudice” and instead entered an order which did not specify whether the dismissal was with or without prejudice. The Court of Appeals for the Second Circuit dismissed the Government's appeal in an unreported opinion which stated that “there was no basis for [the district judge] to take action other than he did, namely, to comply with the clear command of the Supreme Court, without attempted embellishment. We have no occasion now to pass on the effect of that command upon possible later litigation.”
  The Government filed its petition for certiorari only to assure its right to proceed against the respondent in a new proceeding in the event that we should rule in Costello v. United States, ante, p. 265, that the order entered by the District Court for the Southern District of New York in that case precluded the institution of the second denat-uralization action against Costello. Our decision today in Costello establishes that such a form of dismissal does not bar a subsequent proceeding against the respondent. The writ is therefore
  Dismissed.
  Mr. Justice Harlan took no part in the consideration or decision of this case.
choices: voting Voting Rights Act of 1965, plus amendments ballot access (of candidates and political parties) desegregation (other than as pertains to school desegregation, employment discrimination, and affirmative action) desegregation, schools employment discrimination: on basis of race, age, religion, illegitimacy, national origin, or working conditions. affirmative action slavery or indenture sit-in demonstrations (protests against racial discrimination in places of public accommodation) reapportionment: other than plans governed by the Voting Rights Act debtors' rights deportation (cf. immigration and naturalization) employability of aliens (cf. immigration and naturalization) sex discrimination (excluding sex discrimination in employment) sex discrimination in employment (cf. sex discrimination) Indians (other than pertains to state jurisdiction over) Indians, state jurisdiction over juveniles (cf. rights of illegitimates) poverty law, constitutional poverty law, statutory: welfare benefits, typically under some Social Security Act provision. illegitimates, rights of (cf. juveniles): typically inheritance and survivor's benefits, and paternity suits handicapped, rights of: under Rehabilitation, Americans with Disabilities Act, and related statutes residency requirements: durational, plus discrimination against nonresidents military: draftee, or person subject to induction military: active duty military: veteran immigration and naturalization: permanent residence immigration and naturalization: citizenship immigration and naturalization: loss of citizenship, denaturalization immigration and naturalization: access to public education immigration and naturalization: welfare benefits immigration and naturalization: miscellaneous indigents: appointment of counsel (cf. right to counsel) indigents: inadequate representation by counsel (cf. right to counsel) indigents: payment of fine indigents: costs or filing fees indigents: U.S. Supreme Court docketing fee indigents: transcript indigents: assistance of psychiatrist indigents: miscellaneous liability, civil rights acts (cf. liability, governmental and liability, nongovernmental; cruel and unusual punishment, non-death penalty) miscellaneous civil rights (cf. comity: civil rights)