Cubias v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:19-CV-46-FL LEONEL REYNALDO CUBIAS, ) ) Plaintiff, ) ) v. ) ) ORDER UNITED STATES OF AMERICA, ) ) Defendant.1 ) This matter is before the court on defendant’s motion to dismiss (DE 6) for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). The issues raised have been fully briefed by the parties, and in this posture the motion is ripe for ruling. For the following reasons, the motion is granted. STATEMENT OF THE CASE Plaintiff commenced this personal…