Bowman v. United States

ORDER

SOLOMON OLIVER, Jr., District Judge.

Pending before the court is Defendants United States of America, et al. (collectively, “Defendants”) Motion to Dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). (ECF No. 12.) For the foregoing reasons, the Fed.R.Civ.P. 12(b)(1) motion to dismiss is denied, and the Fed.R.Civ.P. 12(b)(6) motion is granted.

I. FACTS AND PROCEDURAL HISTORY

On October 23, 1992, Congress passed Pub.L. 102-484, codified in 10 U.S.C. § 1143a,…