Bohn v. New York

OPINION

TENNEY, District Judge.

The plaintiff pro se, Warren William Bohn, purports to state a claim under 42 U.S.C. § 1983; two defendants, the State of New York and the City of New York,1 have moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (“Rules”) to dismiss that claim.2 For the following reasons the motion is granted. The ground for dismissal, however, is lack of subject matter jurisdiction in this Court. See Rule 12(b)(1).

From the scant record available, the facts — taking them as true for the purposes of this motion to dismiss — are as follows: In 1955 the…