Multi Denominational Ministry of Cannabis & Rastafari, Inc. v. Gonzales
Opinion
Opinion
Walker, J.
ORDER
On July 12, 2006, plaintiffs sued in pro per seeking, inter alia, declaratory and injunctive relief to prevent defendants from interfering with the exercise of their religion, which involves the use of marijuana. Doc # 1. Defendants have moved to dismiss the complaint pursuant to FRCP 12(b)(6). Doc ## 21, 34, 24. For reasons that follow, the court GRANTS defendants’ motions to dismiss.
I
A
“On a motion to dismiss, all well-pleaded allegations of material fact are taken as true and construed in a light most favorable to the non-moving party.” Wyler Summit Partnership v. Turner Broadcasting System, Inc., 135 F.3d 658, 661 (9th Cir.1998) (citing Parks School of Business, Inc. v. Symington, 51 F.3d 1480,1484 (9th Cir.1995)). Accordingly, the facts upon which the court rules are those drawn from plaintiffs’ complaint (Doc # 1), taking their allegations as true.
In August 2002, agents from the federal DEA and sheriff deputies from Lake County confiscated 288 marijuana plants from plaintiffs’ property in Upper Lake, California. Doc # 1, ¶ 19(c). Linda Sentí, along with her husband Charles Lepp (who is not a party to the current suit) brought an action in this court, see Lepp…