Perez v. Fitzgerald et al

Filing 6

FINAL ORDER OF DISMISSAL; granting 5 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Patricia A. Seitz on 3/1/2010. (ail)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO:09-23232-CIV-SEITZIO'SULLIVAN RENE A. PEREZ, Plaintiff, VS. KAREN FITZGERALD, District Director, Philadelphia District, U.S. Citizenship and Immigration Services ("USCIS"), et al., Defendants.

FINAL ORDER OF DISMISSAL THIS MATTER is before the Court upon Respondents' Motion To Dismiss For Mootness [DE-51. On October 26,2009, Plaintiff filed a Complaint For Mandamus seeking adjudication of his naturalization application [DE-11. However, the United States Citizenship and Immigration Service ("USCIS") subsequently granted Plaintiffs naturalization application. (Motion to Dismiss at page 1). As a result, Defendants filed this Motion to Dismiss, asserting that a justiciable case and controversy no longer exists. Plaintiff has not filed a response in opposition to this Motion. The Court agrees that as the USCIS has now adjudicated Plaintiffs naturalization application, Plaintiffs Complaint is now moot. Accordingly, having considered the Motion, it is hereby ORDERED that (1) Respondents' Motion to Dismiss [DE-51 is GRANTED. (2) This case is CLOSED. DONE AND ORDERED in Miami, Florida, this / ! d a y of Ma*, 20 10.

cc: Magistrate Judge O'Sullivan All Counsel of Record