Summary
The U.S. District Court for the Southern District of California dismissed Jacob Matthew’s complaint challenging the denial of a passport for failure to provide a Social Security number. The court concluded that Matthew failed to state a claim for mandamus relief and that any alternative Administrative Procedure Act claim would fail for the same reasons. The court denied his motions for in forma pauperis status, an in-chambers conference, a preliminary injunction, and a temporary restraining order, while granting leave to amend within 30 days.
Court
United States District Court for the Southern District of California
Jurisdiction
United States District Court for the Southern District of California
Decision date
July 2, 2025
Docket number
3:25-cv-01664-JES-JLB
Disposition
other
Questions Presented
- Whether the complaint stated a claim for mandamus compelling federal officials to issue Plaintiff a passport without requiring a Social Security number.
- Whether the complaint stated an alternative claim under the Administrative Procedure Act.
- Whether Plaintiff was entitled to a preliminary injunction or temporary restraining order compelling issuance of a passport.
- Whether the complaint should be dismissed under 28 U.S.C. § 1915(e)(2)(B).
Holdings
- Plaintiff failed to state a claim for mandamus because his entitlement to the requested passport relief was not clear and certain and the Secretary of State's duty was not ministerial or nondiscretionary.
- Any alternative APA claim failed for the same reasons as the mandamus claim because Plaintiff did not identify a specific, unequivocal legal obligation requiring the agency to issue a passport without an SSN.
- Plaintiff was not entitled to a preliminary injunction or temporary restraining order because he could not show a likelihood of success on the merits, and the requested TRO sought the ultimate relief rather than preservation of the status quo.
Court Document
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