Illinois v. United States

ORDER

MOODY R. TIDWELL, III, Judge:

This case is presently before the court on defendant’s motion for “summary judgment” and plaintiff’s -opposition thereto. Although the issues addressed are principally matters of law, defendant’s motion is actually a combination of motions to dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. Whereas defendant has not answered plaintiff’s complaint, all facts asserted by plaintiff are accepted as true. This is not a case in which matters outside the pleadings are considered to thereby convert the…