Ellis
Ellis v. State of California Franchise Tax Board
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL E. ELLIS, Case No. 21-cv-06175-JSW
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS AND DENYING MOTION TO
STRIKE
STATE OF CALIFORNIA FRANCHISE TAX BOARD, Re: Dkt. Nos. 8, 12 11 Defendant.
12 Now before the Court is the motion to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and 12(b)(6) for failure to state a claim upon which relief can be granted filed by Defendant State of California Franchise Tax Board (“FTD”). In response to the motion to dismiss, Plaintiff Michael E. Ellis (“Plaintiff”) appearing pro se, filed a motion to strike the motion. (Dkt. No. 12.) Plaintiff also filed a response to the reply and opposition. (Dkt. No. 15.) The Court has considered the parties’ papers, relevant legal authority, and the record in the case, and it finds this matter suitable for disposition without oral argument. See N.D. Civ. L.R. 7-1(b). For the…