Cox

ORDER

The Wackenhut Defendants and the Federal Defendants have filed Motions to Dismiss the First Amended Complaint pursuant primarily to Federal Rules of Civil Procedure, Rule 12(b)(6) for failure to state claims upon which relief may be granted.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Plaintiff, Billy Frank Cox (Cox), filed this action, arising out of his September 1, 1988 arrest, his subsequent criminal prosecution, and his incarceration at a privately owned federal facility in Taft, California. Cox, a pro se prisoner, brought this action pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), as well as 42 U.S.C. §§ 1983 , 1985.

Plaintiffs action was originally filed in the United States District Court, District of Columbia. Thereafter, a motion to dis miss the Complaint pursuant to Federal Rule of Civil Procedure, 12(b)(2) (lack of personal jurisdiction), 12(b)(3) (improper venue) and 12(b)(4) (insufficiency of service of process) and 12(b)(6) (failure to state a claim upon which relief may be granted) was filed by the Wackenhut Defendants. The remaining Federal Defendants also filed a motion to dismiss, asserting the same and…