Clayton Utterback v. United States

I. INTRODUCTION

17 Presently before the Court is Defendant United States of America’s (the 18 “United States”) Motion to Dismiss (“Motion”) pro se Plaintiff Clayton Utterback’s 19 (“Utterback”) Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and 20 12(b)(1). (Mot., ECF No. 11.) For the reasons discussed below, the Court GRANTS 21 the United States’s Motion and DISMISSES PLAINTIFF’S COMPLAINT WITH

PREJUDICE.

26

28 1 Having carefully considered the papers filed in connection to the instant Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. II. FACTUAL AND PROCEDURAL BACKGROUND On January 28, 2019, Utterback initiated this action by filing what he entitled 3 “Bill of Equity and Restitution Complaint” (hereinafter, “Complaint”). (ECF No. 1.) 4 Although not entirely comprehensible or intelligible, Utterback appears to have filed 5 this lawsuit “seeking a verification of assets, accounting of funds, and in rem 6 attachment of property admitted owed, and the disbursement of the trust res to the 7 beneficiaries.” (Compl. 1.)…