Guerrero v. Schmidt

OPINION and ORDER

JAMES E. DOYLE, District Judge.

This is a suit by plaintiffs welfare recipients and all other persons similarly situated seeking declaratory and injunctive relief from defendants’ delay in taking final administrative action on hearing requests; administrative hearings are available to all persons receiving or claiming aid under the federally funded public assistance programs. 42 U.S.C. § 301 et seq. Defendants have filed a motion to dismiss on the grounds that: (1) this court lacks jurisdiction over the subject matter; and (2) the complaint fails to state a claim upon which…