Opinion
CV 07-1968 LEW-DAD.
February 26, 2008
ORDER
Currently before this Court is Defendants' Motion to Dismiss for Lack of Jurisdiction. Having considered all papers and arguments, the Court now finds and rules as follows:
Plaintiff failed to show that this Court has subject matter jurisdiction because Defendants do not have nondiscretionary duty to adjudicate Plaintiff's naturalization application in the manner requested by Plaintiff. The remedies requested by Plaintiff are not discrete agency actions that Defendants are required to take.
Therefore, the Court lacks jurisdiction under the Mandamus Act, Administrative Procedures Act, or any other law.
Accordingly, the Court GRANTS Defendants' Motion to Dismiss under Fed.R.Civ.Proc. 12(b)(1). The Court DENIES as moot Defendants' Motion to Dismiss under Fed.R.Civ.Proc. 12(b)(6).
IT IS SO ORDERED.