Opinion
Civil Action No. 1:17-cv-111
12-06-2017
GISELLA GUTIERREZ, Plaintiff, v. REX W. TILLERSON, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before this Court is Rex. W. Tillerson (Secretary of State), Nancy A. Berryhill (Acting Commissioner of U.S. Social Security Administration) and United States of America's (hereafter, collectively known as "Defendants") "Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Failure to State a Claim" (Docket No. 10) and the "Magistrate Judge's Report and Recommendation" (Docket No. 22) (hereafter "R&R"). The deadline to respond to the R&R was November 29, 2017; no objections were filed. After a do novo review of the record, the R&R (Docket No. 22) is hereby ADOPTED. Accordingly:
1. Plaintiff's 8 U.S.C. § 1503(a) claim against Commissioner Berryhill for declining to issue Plaintiff a Social Security card is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(6). Commissioner Berryhill is DISMISSED as a Defendant in this action.
2. Plaintiff's 8 U.S.C. § 1503(a) claim against the State Department for refusing to approve her parents' immigrant visas is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(6).
3. Plaintiff's Administrative Procedure Act claims against the State Department for failing to consider certain facts or provide notice and an opportunity to be heard prior
to revoking her passport is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(1).
4. The United States is DISMISSED as a Defendant in this cause of action.
5. Plaintiff's requests for injunctive relief against Secretary Tillerson and Commissioner Berryhill are DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(6).
6. Plaintiff's 8 U.S.C. § 1503(a) claim seeking a declaratory judgment granting citizenship on the basis of Plaintiff's passport revocation survives Defendants' "Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Failure to State a Claim" (Docket No. 10).
Signed on this 6th day of December, 2017.
/s/_________
Rolando Olvera
United States District Judge