McKinney v. United States

MEMORANDUM OPINION and ORDER

JOHN McBRYDE, District Judge.

Now before the court is the motion of defendant in the above-captioned action, United States of America, to dismiss all claims and causes of action of plaintiff, Othniel McKinney, for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Having considered the motion and accompanying documents, plaintiffs response, the record, and applicable legal authorities, the court concludes that the motion should be denied.

I

Background

Plaintiff, a prisoner at FCI-Fort Worth, filed this action pursuant…