(CN) - Osama bin Laden has been removed as a defendant from a case stemming from the bombing of the U.S. Embassy in Nairobi, Kenya in August 1998. Bin Laden was killed by U.S. forces in Pakistan on May 1, 2011, rendering his inclusion moot, ruled U.S. Magistrate Judge John Facciola. However, Facciola said he would leave for another day "the resolution of any challenge to this Court's proceeding against Al Qaeda -to include collateral attack on any judgment this Court will render - on the grounds that it lacked the capacity to be sued."
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