Rittgers v. United States

ORDER

NELVA GONZALES RAMOS, District Judge.

Before the Court is United States of America’s (the Government’s) “Motion to Dismiss Complaint for Lack of Jurisdiction Under Fed.R.Civ.P. 12(b)(1) and for Failure to State a Claim Under Fed.R.CiV.P. 12(b)(6) or In the Alternative Motion for Summary Judgment” (D.E. -10), along with Plaintiff, Colbert Rittgers’s (Rittgers’s) Response (D.E. 14) and the Government’s Reply (D.E. 15). For the reasons set out below, the Court declines to convert the motion to one for summary judgment under Federal Rule of Civil Procedure 56. The Rule 12 motion to dismiss is…