Cortez v. US Citizenship and Immigration Services et al

Filing 21

ORDER granting 20 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Marcia G. Cooke on 11/30/2010. (tm)

Cortez v. US Citizenship and Immigration Services et al

Doc. 21

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 10-21207-CIV-COOKE-BANDSTRA MIGUEL CORTEZ, Plaintiff v. LINDA SWACINA, District Director, U.S. Citizenship and Immigration Services, et al., Defendants. ________________________________________/ ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO DISMISS FOR LACK OF JURISDICTION THIS MATTER is before me on Defendants' Unopposed Motion to Dismiss for Lack of Jurisdiction. [ECF No. 20]. For the reasons explained below, the Motion to Dismiss is granted. I. BACKGROUND On April 15, 2010, Plaintiff filed a mandamus complaint seeking the Court to compel Defendant to adjudicate his I-485 Application to Register Permanent Resident or Adjust Status ("Adjustment Application"). [ECF No. 1]. On September 2, 2010, the Parties filed a Joint Stipulation to Hold Case in Abeyance, informing the Court that Plaintiff received an available visa and, as such, Defendants would be able to adjudicate Plaintiff's request for relief. [ECF No. 18]. On September 8, 2010, Defendants adjudicated and approved Plaintiff's Adjustment Application. [ECF No. 20]. II. DISCUSSION A federal court's jurisdiction is limited to actual cases or controversies. U.S. Const., Art. III, § 2, cl. 1. A case is moot "when it no longer presents a live controversy with respect to which the court can give meaningful relief." Friends of Everglades v. South Fla. Water Mgmtt Dist., 570 F.3d 1210, 1216 (11th Cir. 2009) (quoting Fla. Ass'n of Rehab. Facilities, Inc. v. State of Fla. Dep't of Health and Rehab. Servs., 225 F.3d 1208, 1217 (11th Cir. 2000). A federal court

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must dismiss a case as moot "[i]f events that occur subsequent to the filing of a lawsuit ... deprive the court of the ability to give the plaintiff ... meaningful relief." Al Najjar v. Ashcroft, 273 F.3d 1330, 1336 (11th Cir. 2001). Defendants' adjudication of Plaintiff's Adjustment Application rendered Plaintiff's mandamus complaint moot. There is no longer a case or controversy before this Court. III. CONCLUSION For the reasons set forth above, I hereby ORDER and ADJUDGE that this case be DISMISSED for lack of subject matter jurisdiction. The Clerk shall CLOSE this case. All pending motions, if any are DENIED as moot. DONE and ORDERED in chambers, at Miami, Florida, this 30th day of November 2010.

Copies furnished to: Ted E. Bandstra, U.S. Magistrate Judge Counsel of record