Hernandez v. USA et al

Filing 12

ORDER Granting 6 Motion to Dismiss under Fed.R.Civ.P. 12(b)(5) and for failure to plead subject matter jurisdiction and plaintiff shall have to and including May 16, 2012, within which to file an amended complaint, re 1 ,by Judge Richard P. Matsch on 5/1/2012.(rpmcd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 11-cv-02347-RPM MARCO A. HERNANDEZ, Plaintiff, v. UNITED STATES OF AMERICA and TRANSPORTATION SECURITY ADMINISTRATION, Defendants. _____________________________________________________________________ ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND _____________________________________________________________________ Upon review of the complaint, the defendants’ motion to dismiss, filed March 19, 2012, [6] and the plaintiff’s response filed April 30, 2012, [11], it is ORDERED that the defendants’ motion to dismiss is granted under Fed.R.Civ.P. 12(b)(5) and for failure to plead subject matter jurisdiction and it is FURTHER ORDERED that the plaintiff shall have to and including May 16, 2012, within which to file an amended complaint. DATED: May 1st, 2012 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge

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