Caldwell

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS AND VACATING HEARING DATE

Before this court is the federal defendants’ motion to dismiss for lack of jurisdiction and failure to state a claim upon which relief can be granted. Having carefully read the parties’ papers and considered the relevant legal authority, the court hereby GRANTS the motion to dismiss for the reasons that follow.

BACKGROUND

A. Facts

Plaintiff is the mother of three and a resident of Placer County, California. Two of her children currently attend public school in Placer County. On October 14, 2005, plaintiff filed the instant complaint against defendants Roy Caldwell and David Lindberg (the “state defendants”) and the National Science Foundation (“NSF”) and its officials (the “federal defendants”), in which she takes issue with a website published by the University of California, http:/'/evolution, berkeley.edu (the “Understanding Evolution” website). The website, which plaintiff alleges was made possible through a federal grant provided by the NSF in the amount of $523,261, is part of a larger website maintained by the UC Berkeley Museum of Paleontology. See Complaint for Declaratory and Injunctive Relief and…