Eugene Baker v. Eric Holder, Jr.

MEMORANDUM

Eugene Baker appeals from the district court’s order dismissing his complaint under Federal Rules of Civil Procedure 12(b)(1) and (b)(6). We affirm in part, reverse in part, and remand for further proceedings.

The district court dismissed the complaint without prejudice under Rule 12(b)(1), concluding that Baker’s complaint fails to state facts sufficient to present a “case or controversy” under Article III, § 2 of the Constitution. At the outset, we note a disparity between the complaint as filed on the district court’s electronic docket and the complaint as it appears in Baker’s excerpts of record. The complaint found in the electronic docket consists of only the first and last pages of the complaint in Baker’s excerpts. It is not clear from the record whether the district court had the opportunity to review the complaint in its entirety. The two pages of the complaint available on the electronic docket clearly fail to assert facts sufficient to satisfy the justiciability requirements of Article III, as they do not allege that Baker has taken any steps to acquire a firearm. It is unclear whether the full complaint is adequate.

It is apparent, however, that Baker is…