Melchiorri v. United States

RULING ON DEFENDANT’S MOTION TO DISMISS

VERON, District Judge.

This matter comes before the court upon motion of the defendant, United States of America, to dismiss this action for lack of subject matter jurisdiction or alternatively for failure of plaintiff to state a claim upon which relief may be granted.

Because this is a motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure the court will accept the plaintiff’s version of the facts set forth in his complaint as true. See Menchaca v. Chrysler Credit Corp., 613 F.2d 507, 512 (5th Cir.1980). The pertinent facts…