HAFED v. U. S. DEPARTMENT OF JUSTICE et al, No. 1:2009cv00418 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge Ellen S. Huvelle on 2/12/09. (ls, )
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) Shaaban Shaaban Hafed, Plaintiff, v. U.S. State Department et al., Defendants. FILED . MAR - 5 2009 NANcy MAYER WHlmNGTON /'.0.., u.s. DISTRICTCOUiJi' ~ Civil Action No. 09 0418 MEMORANDUM OPINION This matter is before the Court on plaintiff s pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiffs application and dismiss the complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring dismissal of a complaint "at any time" the court determines that it lacks subject matter jurisdiction). Plaintiff is a prisoner at the United States Penitentiary in Florence, Colorado. He challenges as a First Amendment violation the State Department's listing of the Lebanese television station al-Manar as a terrorist organization. Judicial review of a foreign terrorist designation is available to "the designated organization ... in the United States Court of Appeals for the District of Columbia Circuit." 8 U.S.C. ยง 1189(c)(1). Not only does the plaintiff, as an alleged viewer of the station's programs, lack legal standing to bring this action, but he also has brought it in the wrong court. The complaint therefore is dismissed. A separate Order accompanies this Memorandum Opinion. Date: February 11-,2009 United States District Judge
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