Seene

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL SMITH, Case No.: 20CV173 GPC(JLB)

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS WITH

PREJUDICE

KENNETH J. SEENE,

Defendant. [Dkt. No. 7.] 16 Before the Court is Defendant Kenneth Seene’s 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 Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 7.) Plaintiff Michael Smith filed an opposition. (Dkt. No. 10.) Defendant filed a reply. (Dkt. No. 11.) Based on the reasoning below, the Court GRANTS Defendant’s motion to dismiss with prejudice. Background On January 27, 2020, Plaintiff Michael Smith (“Plaintiff” or “Smith”), proceeding pro se, filed a complaint against Defendant Kenneth J. Seene (“Defendant” or “Seene”). (Dkt. No. 1, Compl.) On January 29, 2020, the Court sua sponte…