MEMORANDUM OPINION AND ORDER
BABCOCK, District Judge.
This matter is before the Court on Defendants' motion to dismiss plaintiff's complaint for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief can be granted. (Defendants' motion cites Fed.R.Civ.P. 12(b)(5), but I will treat it as a motion to dismiss for failure to state a claim under Rule 12(b)(6)).
Plaintiff, Nicholas Avila...
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