Villico v. Monica

Full title: GIUSEPPE VILLICO v. DONALD MONICA

Court: United States District Court, E.D. Pennsylvania

Date published: Sep 4, 2007

CIVIL ACTION No. 07-cv-2218-JF (E.D. Pa. Sep. 4, 2007)

Opinion

CIVIL ACTION No. 07-cv-2218-JF.

September 4, 2007

MEMORANDUM AND ORDER

JOHN FULLAM, Senior District Judge

Plaintiff, an Italian citizen, seeks a writ of mandamus to compel the defendant, the District Director of the U.S. Citizenship and Immigration Services, Philadelphia, to adjudicate his application for naturalization. The defendant has filed a motion to dismiss plaintiff's complaint for lack of subject matter jurisdiction and for failure to state a claim. Defendant's arguments have been squarely rejected in an opinion by my colleague Judge Kauffman, Mahammad Ajmal v. Robert Mueller, III, C.A. 07-206 (E.D. Pa. July 17, 2007), and by several other judges of this court. I see no need to depart from these holdings, and will therefore deny the defendant's motion.

An Order follows.

ORDER

AND NOW, this 4^th day of September 2007, upon consideration of defendant's motion to dismiss the complaint, and plaintiff's response, IT IS ORDERED:

That the defendant's motion is DENIED. Defendant shall file an answer to the complaint within 60 days.