Garcia

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, DENYING APPLICATION TO DISMISS PETITION, AND ORDERING FURTHER PROCEEDINGS

Pursuant to 28 U.S.C. § 636 (b)(1)(C), the court has reviewed the entire record in this action, as well as the Report and •Recommendation of the United States Magistrate Judge and Respondent’s objections thereto. The court has also considered Respondent’s Notice of Recent and Relevant Authority, and Petitioner’s response to it. The court has made a de novo determination with respect to any portions of the Report and Recommendation as to which objection has been made.

Accordingly, IT IS ORDERED: that the Report and Recommendation of the United States Magistrate Judge be accepted; and that respondent’s application to dismiss the second amended petition (docket no. 17, filed in the present action on November 3, 2008) be denied.

IT IS FURTHER ORDERED that, within thirty (30) days of the filing date of this order, Respondent shall serve and file an answer addressing Petitioner’s APA claim on its merits.

With the answer, Respondent shall also submit sufficient evidence from the administrative record underlying the Secretary’s decision…