Mendez-Cardenas v. United States

OPINION

HEWITT, Chief Judge.

Before the court are Defendant’s Motion to Dismiss the Complaint (defendant’s Motion or Def.’s Mot.), filed May 11, 2009, plaintiffs Objection Against the Respondent’s Response (plaintiffs Response or Pl.’s Resp.), filed June 2, 2009, and defendant’s [Reply to Plaintiffs Response to] Defendant’s Motion to Dismiss the Complaint (defendant’s Reply or Def.’s Reply), filed June 11, 2009.

I. Background

Rito Mendez-Cardenas, pro se, filed a Complaint (Complaint or Compl.) in this court on March 16, 2009. Plaintiff alleges that on July 20, 2008, while imprisoned at the El…