Masterson v. United States

Decision and Order

LAGUEUX, Senior District Judge.

This matter is before the Court on the government’s motion to dismiss. On January 27, 1999, this Court entered an order dismissing, with prejudice, a two count indictment brought against plaintiff, Randall P. Masterson (“Masterson”). On February 7, 2001, plaintiff filed a Complaint alleging that he is entitled to recover attorneys’ fees from the government pursuant to 18 U.S.C. § 3006A, commonly known as the Hyde Amendment. Shortly after plaintiff initiated this suit, the government filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1)…