MOODY v. LAHOOD et al

Filing 18

ENTRY Directing Further Proceedings - The plaintiff shall have ten (10) working days from the issuance of this Entry, or until July 24, 2012 in which to supplement his complaint by identifying the administrative decision to which he seeks review und er the APA or, if the matter is presented under § 706(1), by identifying the "agency action unlawfully withheld or unreasonably delayed" and the duty pertaining to such withheld or delayed agency action. Signed by Judge Tanya Walton Pratt on 7/10/2012. (Copy mailed to Gary Moody)(TRG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GARY W. MOODY,
Plaintiff,
vs.
RAY LAHOOD, et al.,
Defendants.

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Case No. 1:12-cv-907-TWP-DML

Entry Directing Further Proceedings
One of the claims asserted by the plaintiff is for review pursuant to the Administrative
Procedures Act, 5 U.S.C. § 701 (“APA”). Pursuant to the Act,“[a] person suffering legal wrong
because of an agency action, or adversely affected or aggrieved by agency action within the
meaning of a relevant statute, is entitled to judicial review thereof.” 5 U.S.C. § 702.
The APA authorizes federal courts to set aside agency actions that are either
unconstitutional, see 5 U.S.C. § 706(2)(B), or are “arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with law.” See id. § 706(2)(A). Also, pursuant to the APA, a court
may compel “agency action unlawfully withheld or unreasonably delayed.” 5 U.S.C. § 706(1).
The elements of a claim under § 706(1) are the existence of a discrete, ministerial duty; a delay
in carrying out that duty; and a determination that the delay was unlawful or unreasonable in
light of prejudice to one of the parties. See Norton v. Southern Utah Wilderness Alliance, 542
U.S. 55, 65 (2004).
If there has been a decision which the plaintiff challenges pursuant to the APA, that
decision must be clearly identified. The plaintiff shall have ten (10) working days from the
issuance of this Entry, or until July 24, 2012 in which to supplement his complaint by

identifying the administrative decision to which he seeks review under the APA or, if the matter
is presented under § 706(1), by identifying the “agency action unlawfully withheld or
unreasonably delayed” and the duty pertaining to such withheld or delayed agency action.

IT IS SO ORDERED.

07/10/2012
Date: __________________

Distribution:
GARY W. MOODY
299 1/2 Madison Street
Franklin, IN 46131

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana