ORDER: Respondent's Motion To Dismiss Or, In The Alternative, For Summary Judgment (Docket No. 11)

TIMOTHY S. HILLMAN, District Judge.

Background

The Plaintiff, Richard Akrong ("Akrong"), has filed a complaint seeking judicial review of the denial of his application for United States citizenship under the military naturalization provision, 8 U.S.C. § 14401. Akrong asserts that the United States Citizenship and Immigration Service wrongfully denied his citizenship application, which was based on his military service in the United States Navy, because it erroneously determined that his separation from the Naval service based on medical condition was not "`honorable." The United States has moved to dismiss the Complaint for failure to state a claim under Fed.R.Civ.P. 12(b)6), or, in the alternative, requests that summary judgment enter in its favor. Because the United States has included matters outside the pleadings, I will treat its motion as one for summary judgment.2

Discussion

Akrong has failed to file an opposition to the United States' motion for summary judgment and therefore, the Court accepts the United States' statement of material facts as true.3 See Ferreira v. Mortgage Electronic Registration Systems, Inc., 794 F.Supp.2d 297 (D.Mass. 2011)(denying plaintiff's motion to file late opposition to motion for summary judgment; as a result of no opposition having been filed, defendant's statement of material facts is treated as uncontroverted). Taking those facts in a light most favorable to Akrong, I find that there is no genuine issue of material fact regarding the characterization of his separation from service by the United States Navy. Therefore, for the reasons set forth in the United States' supporting memorandum, I find that the United States is entitled to summary judgment, as a matter of law.

Conclusion

Respondent's Motion To Dismiss Or, In The Alternative, For Summary Judgment (Docket No. 11) is allowed. Judgment shall enter for the Defendant.