Legal Opinion

Green v. Drug Enforcement Agency

District Court, M.D. Alabama

Decided August 17, 2007No. Civil Action 2:07cv416-WHAPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ALBRITTON, Senior District Judge.

I. INTRODUCTION

This cause is before the court on a Motion to Dismiss (Doc. # 5) filed by the Drug Enforcement Administration (“DEA”) on July 13, 2007.

The Plaintiffs, Michael Joe Green, Johnny James Brown, and Aletha Johnson (“the Plaintiffs”), filed this case against DEA seeking declaratory and injunctive relief and the return of $ 32,353.00.

For reasons to be discussed, the Motion to Dismiss is due to be GRANTED.

II. MOTION TO DISMISS STANDARD

A Rule 12(b)(1) motion challenges the district court’s subject matter jurisdiction and takes…

2Cases cited9 opinions

  1. Dolcie Lawrence v. Peter Dunbar, United States of AmericaCourt of Appeals for the Eleventh Circuit · 1990
  2. Thomson v. GaskillSupreme Court of the United States · 1942
  3. Colonial Pipeline Company, and Other Persons Similarly Situated v. Marcus E. Collins, Sr.Court of Appeals for the Eleventh Circuit · 1991
  4. Fernando Mesa Valderrama v. United StatesCourt of Appeals for the Eleventh Circuit · 2005
  5. United States v. Alberto CastroCourt of Appeals for the Eleventh Circuit · 1989

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