Summary
dismissing all defendants besides Secretary Pompeo under Rule 12(b) for lack of subject matter jurisdiction
Summary of this case from Espinoza v. PompeoOpinion
CIVIL ACTION NO. 1:19-CV-120
01-07-2020
OVIDIO GARCIA, et al., Plaintiffs, v. NORMA LIMON, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
On November 4, 2019, the United States Magistrate Judge issued a Report and Recommendation (Doc. 9) recommending that Defendants' Partial Motion to Dismiss and Subject Thereto Answer to Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief (Doc. 5) be granted. No party has filed objections to the Report and Recommendation.
After considering the Report and Recommendation and the applicable law, the Court ADOPTS the Report and Recommendation (Doc. 9). Accordingly, it is:
ORDERED that Defendants' Partial Motion to Dismiss and Subject Thereto Answer to Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief (Doc. 5) is GRANTED;
ORDERED that Ovidio Garcia's claim under 8 U.S.C. § 1503(a), based on the denial of his Form I-130 petition, is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies;
ORDERED that Ovidio Garcia's claim under the Administrative Procedures Act is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction;
ORDERED that Ovidio Garcia's claims for declaratory and injunctive relief—other than his claim under 8 U.S.C. § 1503(a) for a declaratory judgment that he is a citizen of the United States—is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction;
ORDERED that all claims against Defendants Norma Limon, William Barr, and the United States of America are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction; and
ORDERED that all claims by Perla J. Olivares de Garcia are DISMISSED WIHTOUT PREJUDICE for lack of jurisdiction.
SIGNED this 7th day of January, 2020.
/s/_________
Fernando Rodriguez, Jr.
United States District Judge