Hammond

. MEMORANDUM AND ORDER RE: MOTION TO DISMISS

Plaintiff alleges he was ousted from the leadership of the Picayune Ranchería of Chukchansi Indians Tribe in violation of tribal law and brought this suit against *1136 numerous federal defendants seeking reinstatement to the Tribal Council. Presently before the court is defendants’ motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) and for failure to state a claim pursuant to Rule 12(b)(6). r

I. Factual and Procedural Background

Plaintiff was. elected to the Tribal Council of the Picayune Ranchería of Chukchansi Indians Tribe in December 2008. (Comply 10.) After, initially suspending plaintiff from- the Tribal Council for alleged violations .of the tribal Ethics Ordinance, the Tribal Council permanently removed him on June 17, 2011 after a hearing. (Id. ¶¶ 13-14.)

Following 'the December 3, 2011 elec-tiori, 1 three factions were embroiled in a power struggle over tribal leadership, resulting in legal disputes in the Tribal Court and even violence. (Id. ¶¶ 19-23.) Plaintiff was not a member of any of the factions and it does not appear that their leadership disputes were…