Quick Korner Market v. U.S. Department of Agriculture, Food & Nutrition Service

OPINION AND ORDER

Plaintiffs Janan Stephan and Donna Marie Stephan bring this action against the United States Department of Agriculture, Food and Nutrition Service (“FNS” or “Agency”) seeking judicial review of the Agency’s decision to withdraw authorization from Plaintiffs’ grocery store to participate in the Supplemental Nutrition Assistance Program. (ECF No. 1.) Plaintiffs also bring an action for review under the Administrative Procedures Act, 5 U.S.C. § 701 et seq., and claims under 42 U.S.C. § 1983 for violation of the Fifth Amendment’s due process protections. Defendant United States of America (“United States” or “Government”) 1 moves to dis *686 miss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and pursuant to Rule 12(b)(6) for failure to state a claim. The Government also moves to transfer venue should any claims survive dismissal. (ECF No. 3.) Plaintiffs oppose. (ECF No. 6.)

The Court finds this motion suitable for determination on the papers submitted and without oral argument.- See Civ. L.R. 7.1(d)(1). For the reasons that follow, the Court will GRANT IN PART the Government’s motion to dismiss. The…