Alnutt v. New York

DECISION AND ORDER

SKRETNY, District Judge.

Presently before this Court is defendant’s motion to dismiss plaintiff’s complaint, pursuant to Fed.R.Civ.P. 12(b)(1), (6). For the reasons discussed below, this Court has determined that it has no subject matter jurisdiction over this action. Therefore, defendant’s motion to dismiss plaintiff’s complaint pursuant to Fed.R.Civ.P. 12(b)(1) will be granted, and defendant’s motion to dismiss plaintiff’s complaint pursuant to Fed.R.Civ.P. 12(b)(6) will be denied as moot.

FACTS

Plaintiff is presently incarcerated at the Groveland Correctional Facility in…