Mayben

Mayben v. Barnes

Good Law

290 F. Supp. 2d 1169·2003 WL 22429046·92 A.F.T.R.2d (RIA) 6380·2003 U.S. Dist. LEXIS 17300

United States District Court, Eastern District of CaliforniaAugust 15, 2003CV F 03-5393 AWI LJOCalifornia2,761 words

Opinion

Ishii, J.

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO DISMISS

Maurice A. Mayben Jr. (“Plaintiff’) brings this civil rights action against Stephen P. Barnes (“Defendant”), an employee of the Internal Revenue Service (IRS), for the violation of Plaintiffs Fifth Amendment due process rights pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). Pending before the court is Defendant’s motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim for which relief may be granted. Venue is proper pursuant to 28 U.S.C. § 1391 (b)(1).

PROCEDURAL HISTORY

On March 31, 2003, Plaintiff filed a Bivens action against Defendant for taking Plaintiffs property without due process of law, thereby violating Plaintiffs Fifth Amendment rights. Plaintiff seeks monetary relief in the amount of $134,189.73 and injunctive relief. Defendant filed a motion to dismiss on June 30, 2003, pursuant to Rule 12(b)(6), 12(b)(1) and 12(b)(5) of the Federal Rules of Civil Procedure. In addition, Defendant seeks dismissal of Plaintiffs request for injunctive relief and…

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