Howell v. United States Army Corps of Engineers

MEMORANDUM OPINION

BRATTON, District Judge.

This matter is before the Court on Defendants’ Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Having considered the motion, memoranda in support and in opposition, and the applicable law, the Court finds that the motion pursuant to Rule 12(b)(1) is well-taken and should be granted.

In his amended complaint, plaintiff challenges the authority of the Corps to issue a “cease and desist” letter. In the letter, defendant DeBow, the District Engineer, advised plaintiff that defendant Wood had determined plaintiffs…