Byrd v. Hunt

MEMORANDUM OPINION

BEATY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendants’ June 23, 2000 Motion [Document # 3], which contains a request that the Court dismiss Plaintiffs Complaint either pursuant to Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim upon which relief may be granted, or pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction. Plaintiffs response to Defendants’ Motion was filed on July 18, 2000.

Plaintiffs Complaint as filed can be viewed as raising jurisdictional and substantive facts that are closely connected. The Court…