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[i]A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.[/i]
The statute states that a person must be stating a claim "that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority." Plaintiff does not allege any unlawful action, or inaction, by an agency or employee. There are no allegations that Defendant, or any of its employees or officers, have performed [i]any[/i] actions or failures to act [i]in this case.[/i] Instead, she simply seeks a declaration that she is the rightful owner of a vial containing dust from the moon. Thus, even though she is seeking relief other than monetary damages, she does not state a claim that Defendant "acted or failed to act."
Accordingly, the Court must dismiss for lack of subject matter jurisdiction.
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