FELLOVE v. NAPOLITANO et al

Filing 18

ORDER granting 13 Motion to Dismiss and dismissing the case as moot. Signed by Magistrate Judge Cynthia Reed Eddy on 06/14/2017. (bsc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RAFAEL FELLOVE,
Plaintiff,
v.
JANET NAPOLITANO, Secretary of DHS,
ALEJANDRO MAYORKAS Director of
USCIS, and OFFICER CAMACHO,
USCIS Field Office, Chicago,
Defendant.

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Civil Action No. 3:16-cv-0213
United States Magistrate Judge
Cynthia Reed Eddy

ORDER DISMISSING CASE AS MOOT1
On October 5, 2016, Plaintiff, Rafael Fellove, filed a Petition for Writ of Mandamus
asking the Court to order the United States Citizenship and Immigration Service (“USCIS”) to
act on his pending Form N-400, Application for Naturalization and administer an Oath of
Citizenship to become a United States Citizen.
On April 27, 2017, Defendants filed a Motion to Dismiss (ECF No. 13) in which they
state that the case is now moot because “[o]n April 6, 2017, the USCIS adjudicated Plaintiff’s
naturalization application and denied citizenship because Plaintiff lacked the requirements of
lawful permanent residency and good moral character.” Attached to the motion is a copy of the
Decision of the USCIS dated April 6, 2017.
The Court ordered Plaintiff to respond to the motion by June 5, 2017, and to date, no
response has been filed.

The parties have consented to jurisdiction by the undersigned Magistrate Judge. See ECF
Nos. 16 and 17.
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Given that Plaintiff’s Application for Naturalization has been adjudicated, Plaintiff’s
action is now moot. See Donovan ex rel. Donovan v. Punxsutawney Area Sch. Bd., 336 F.3d
211, 216 (3d Cir. 2003) (“A case is moot when the issues presented are no longer ‘live’ or the
parties lack a legally cognizable interest in the outcome . . . if developments occur during the
court of adjudication that eliminate a plaintiff’s personal stake in the outcome of a suit or present
a court from being able to grant the requested relief, the case must be dismissed as moot.”
Accordingly, Defendants’ motion is granted and this case is hereby DISMISSED AS
MOOT.
So ORDERED this 14th day of June, 2017.

s/Cynthia Reed Eddy__________
Cynthia Reed Eddy
United States Magistrate Judge
cc:

RAFAEL FELLOVE
64355-279
Moshannon Valley Correctional Center
555 Geo Drive
Philipsburg, PA 16866
(via U.S. First Class Mail)
Paul D. Kovac
United States Attorney's Office
(via ECF electronic notification)

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