Emerson v. United States

OPINION AND ORDER

KAPLAN, Judge.

This case is before the Court on the government’s motion to dismiss for lack of subject matter jurisdiction and plaintiffs motions for judgment on the pleadings and for summary judgment. For the reasons set forth below, the government’s motion to dismiss is GRANTED, and plaintiffs motions are DENIED as moot. 1

BACKGROUND

Plaintiff Christopher J. Emerson is currently incarcerated in the Mark W. Michael Unit, a Texas Department of Criminal Justice prison located in Tennessee Colony, Texas. Compl. at 2; Def.’s Mot. to Dismiss at 1. Mr. Emerson was convicted of an…