Doe v. United States

ORDER

HAMILTON, District Judge.

This matter is before the court upon the defendant United States of America’s (hereinafter “U.S.A.”) motion to dismiss or in the alternative for summary judgment pursuant to Rules 12(b) and 56(b) of the Federal Rules of Civil Procedure. Although the attorney for the defendant did not delineate in his motion the specific provision of Rule 12(b) that he was proceeding under, the court determines that the appropriate basis for this motion lies in Rule 12(b)(1) which concerns the court’s lack of subject matter jurisdiction. 1 The defend ant contends that the instant…