McMurry v. United States

Defendant moves to dismiss plaintiffs pro se petition for lack of jurisdiction or, alternatively, for failure to state a claim on which relief can be granted. To the extent the court relies on an affidavit which was furnished by defendant and which is referred to hereafter, defendant also seeks summary judgment. The pending motion is unopposed by plaintiff and the time for such response has expired.

Plaintiff, a prisoner in the Louisiana State Penitentiary and a former Marine, claims that he was unjustly convicted and imprisoned for possession of heroin, that his conviction has been reversed…