Opinion
Civil Action 3:20-CV-3743-D
08-18-2021
JUSTICE ONYEALISI IKE, Plaintiff, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al., Defendants.
MEMORANDUM OPINION AND ORDER
SIDNEY A. FITZWATER, SENIOR JUDGE
In a May 27, 2021 memorandum opinion and order, the court granted defendants' alternative motion to dismiss plaintiff's first amended complaint under Fed.R.Civ.P. 12(b)(1), raising two grounds for dismissal sua sponte, and granting plaintiff 21 days to file an opposition response to those grounds. See Ike v. U.S. Citizenship & Immigration Servs. (Ike), 2021 WL 2167054, at 5-8 (N.D. Tex. May 27, 2021) (Fitzwater, J.). The court sought to implement a fair procedure by allowing plaintiff “to file a brief that sets out his opposition to dismissing his Fifth Amendment due process and declaratory judgment claims.” Id. at *7. But plaintiff has not filed an opposition response, and the deadline for doing so has elapsed. Accordingly, for the reasons explained in Ike, the court grants defendants' alternative motion to dismiss the amended complaint under Rule 12(b)(1) and dismisses this action without prejudice by judgment filed today.
Under § 205(a)(5) of the E-Government Act of 2002 and the definition of “written opinion” adopted by the Judicial Conference of the United States, this is a “written opinion[] issued by the court” because it “sets forth a reasoned explanation for [the] court's decision.” It has been written, however, primarily for the parties, to decide issues presented in this case, and not in an official reporter, and should be understood accordingly.
SO ORDERED.