Harry Edward Florentine v. H. R. Landon, District Director of Immigration and Naturalization at Los Angeles, California

Florentine appeals from a judgment dismissing a petition for a judicial declaration of his status as a national and citizen of the United States. In his original complaint, filed November 9, 1952, H. R. Landon, as District Director of Immigration and Naturalization at Los Angeles, was named as the only party defendant. Florentine in his complaint set up no “facts” except that he alleged he was born in the United States at Los Angeles, California, and was a native born citizen and a permanent resident within the jurisdiction of the court. He set up as conclusions that the action was brought under § 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 , and 28 U.S.C.A. § 2201 , under which he sought to invoke the jurisdiction of the District Court. He also concluded “that an actual controversy exists concerning petitioner’s rights and privileges as a constitutional citizen of the United States between petitioner and respondents.” The most important of these conclusions is set out in the exact words in which it appears :

On March 10, 1953, Landon filed a motion to dismiss for lack of jurisdiction over the subject matter, failure to state a claim upon which relief could be granted…