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Alver v. Winter

United States District Court, D. Columbia
Jun 29, 2009
Civil Action No. 08-1384 (JR) (D.D.C. Jun. 29, 2009)

Opinion

Civil Action No. 08-1384 (JR).

June 29, 2009


MEMORANDUM OPINION


This matter is before the Court on defendant's motion to dismiss.

Plaintiff's formal employment discrimination claim against the Department of the Navy was dismissed as untimely, and the United States Equal Employment Opportunity Commission ("EEOC") affirmed the decision on administrative appeal. See Compl., Attach. (December 21, 2006 EEOC Denial, Appeal No. 01A54689) at 1-2. On reconsideration of its initial decision, the EEOC also rejected plaintiff's argument that, "based on his citizenship, he is entitled to protection under the discrimination statutes." Id. at 1.

Plaintiff alleges that he is a dual citizen of the Philippines and of the United States because he was born in 1933 in the Philippine Islands when the Philippine Islands were a United States territory. Compl. at 6. In this action, plaintiff asks the Court to "confirm[] [his] having been born a US citizen" such that the United States Navy "allow[s] [him] to have access under [Title VII]." Id. at 7.

In Licudine v. Winter, 603 F. Supp. 2d 129 (D.D.C. 2009), this Court held that a person who, like plaintiff, was born in the Philippine Islands when the Philippines was a United States territory is neither a citizen nor a national of United States citizen. Id. at 135-36. Such a person, then, is an alien to whom Title VII does not apply. Id.

The Court will grant defendant's motion to dismiss. An Order accompanies this Memorandum Opinion.


Summaries of

Alver v. Winter

United States District Court, D. Columbia
Jun 29, 2009
Civil Action No. 08-1384 (JR) (D.D.C. Jun. 29, 2009)
Case details for

Alver v. Winter

Case Details

Full title:GUALBERTO ALVER, Plaintiff, v. DONALD C. WINTER, Secretary of the Navy…

Court:United States District Court, D. Columbia

Date published: Jun 29, 2009

Citations

Civil Action No. 08-1384 (JR) (D.D.C. Jun. 29, 2009)