Free Answer to Complaint - District Court of California - California

Case 3:07-cv-02872-BZ

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Filed 09/27/2007

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1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 AMAR BELLAHA, 13 14 15 16 17 18 19 20 21 22 The Defendants hereby submit their answer to Plaintiff's Civil Action to Compel Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff, ) No. C 07-2872 PJH ) v. ) ) ALBERTO GONZALES, Attorney General ) ANSWER of the United States; MICHAEL CHERTOFF, ) Secretary of the Department of Homeland ) Security; EMILIO GONZALEZ, Director of ) United States Citizenship and Immigration ) Services; ROBERT S. MUELLER, III, Director ) of the Federal Bureau of Investigation; ) CHRISTINA POULOS, Director of the ) California Service Center; et al., ) ) Defendants. ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927

23 to Complete Naturalization Process. 24 1. Paragraph One consists of plaintiff's characterization of this action, and thus no admission

25 or denial is required. 26 27 2. Defendants admit the allegations in Paragraph Two. 3. Defendants deny the allegations in Paragraph Three as the FBI name checks have not been

28 returned as required by statute and regulation. ANSWER C 07-2872 PJH

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4. Defendants admit the allegations in Paragraph Four. 5. Paragraph Five consists of plaintiff's allegations regarding venue, to which no responsive

3 pleading is required; however, to the extent a responsive pleading is deemed necessary, defendants 4 deny the allegations contained in this paragraph. 5 6 7 8 9 10 11 FACTS 6. Defendants admit the allegations in Paragraph Six. 7. Defendants admit the allegations in Paragraph Seven. 8. Defendants admit the allegations in Paragraph Eight. 9. Defendants admit the allegations in Paragraph Nine. 10. Defendants admit the allegations in Paragraph Ten. 11. Defendants are without sufficient information to admit or deny the allegations in

12 Paragraph Eleven. 13 14 EXHAUSTION OF ADMINISTRATIVE REMEDIES The unnumbered paragraph under the heading "Exhaustion of Administrative Remedies"

15 consist solely of plaintiff's conclusions of law for which no answer is necessary; however, to the 16 extent a response is deemed to be required, defendants deny the allegations in this paragraph. 17 18 CLAIMS 17. The allegations contained in Paragraph Seventeen consist solely of plaintiff's conclusions

19 of law for which no answer is necessary; however, to the extent a response is deemed to be 20 required, defendants deny the allegations in this paragraph. 21 18. The allegations contained in Paragraph Eighteen consist solely of plaintiff's conclusions of

22 law for which no answer is necessary. 23 24 19. Defendants deny the allegations in Paragraph Nineteen. The remaining paragraph consists of plaintiff's prayer for relief and request for costs and fees,

25 to which no admission or denial is required; to the extent a responsive pleading is deemed to be 26 required, defendants deny the allegations in this paragraph. 27 28 FIRST AFFIRMATIVE DEFENSE Plaintiff's complaint fails to state a claim upon which relief may be granted. ANSWER C 07-2872 PJH

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SECOND AFFIRMATIVE DEFENSE The court should dismiss the Complaint under Fed. R. Civ. P. 12(b)(1) for lack of subject

3 matter jurisdiction. 4 5 WHEREFORE, defendants pray for relief as follows: That judgment be entered for defendants and against plaintiff, dismissing plaintiff's Complaint

6 with prejudice; that plaintiff takes nothing; and that the Court grant such further relief as it deems 7 just and proper under the circumstances. 8 Dated: September 27, 2007 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANSWER C 07-2872 PJH _________/s/________________ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendants Respectfully submitted, SCOTT N. SCHOOLS United States Attorney