Opinion
Case: 1:15-cv-01212
07-22-2015
ANDRE JUSTE, Plaintiff, v. UNITED STATES, et al., Defendants.
Assigned To : Unassigned
Assign. Date : 7/24/2015
Description: Pro Se Gen. Civil (F Deck)
MEMORANDUM OPINION
This matter is before the Court on the plaintiff's application to proceed in forma pauperis and his pro se complaint. The application will be granted and the complaint will be dismissed for lack of subject matter jurisdiction.
The plaintiff requests an order declaring him a United States citizen. He relies on 8 U.S.C. § 1447(b), which provides that an applicant for naturalization who has not been notified of a decision on his application within 120 days of his examination under oath "may apply to the United States district court for the district in which the applicant resides for a hearing on the matter." Id. It does not appear that the plaintiff has been examined, however, and under these circumstances he fails to state a claim upon which relief can be granted. See Juste v. U.S. Attorney General Office, No. 2:15-cv-00167, 2015 WL 2455446, at *2 (W.D. Pa. May 22, 2015). The "[p]laintiff must allege that the initial examination has taken place, and he has not done that." Id. For these reasons, the complaint will be dismissed without prejudice. An Order is issued separately. DATE: 7/22/2015
/s/_________
United States District Judge