Matthews v. United States

MEMORANDUM AND ORDER

CROW, District Judge.

This case comes before the court on defendant’s motion for summary judgment. On December 28, 1987, the plaintiff filed a complaint against the defendant under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), 2671-80. Since the basis for defendant’s motion is that the court lacks subject matter jurisdiction, a motion to dismiss under Fed.R.Civ.P. 12(b)(1) would have been more appropriate. The defendant maintains that if the court considers matters outside the pleadings, a 12(b)(1) motion is automatically converted into a Rule 56 motion. This may…