MEMORANDUM OPINION AND ORDER RE DEFENDANT'S MOTION TO DISMISS
WANGER, District Judge.
I. INTRODUCTION
The United States moves to dismiss Kulvir Singh Barapind's complaint for declaratory and injunctive relief and second, successive petition for habeas corpus, for lack of subject matter jurisdiction and failure to state a claim. See Fed.R.Civ.P. 12(b)(1) & (6). Plaintiff opposes the motion.
II. PROCEDURAL HISTORY
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