Johnson v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES ELLIS JOHNSON, Case No. 22-cv-00747-DMR
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
UNITED STATES, Re: Dkt. No. 7 Defendant.
12 Defendant United States of America moves to dismiss James Ellis Johnson’s complaint alleging civil rights and tort claims under Federal Rule of Civil Procedure 12(b)(1) and (b)(6). [Docket No. 7.] Johnson, who is self-represented, filed an opposition brief. [Docket Nos. 12, 14 (“Opp’n”).] Defendant replied. [Docket No. 13 (“Reply”).] The court held a hearing on August 25, 2022. For the following reasons, the motion is granted. Johnson is granted leave to file a First Amended Complaint (“FAC”) within 30 days—i.e., by October 12, 2022. I. BACKGROUND Johnson makes the following allegations in the complaint and the accompanying exhibits, 21 22 1 After Johnson failed to file a timely opposition brief, the court ordered him to show cause why the case should not be…