Zentmyer

I. INTRODUCTION

20 Pending before the Court is the motion to dismiss filed by Defendant United States 21 of America (“Defendant” or “Government”), (ECF No. 11), as well as Plaintiff John Hobart 22 Zentmyer’s (“Plaintiff” or “Zentmyer”) motion for leave to file an amended complaint. 23 (ECF No. 17). The motions have been fully briefed by the parties. For the reasons set 24 forth below, Defendant’s motion to dismiss is GRANTED and Plaintiff’s petition for 25 declaratory and injunctive relief is DISMISSED. Plaintiff’s motion for leave is DENIED 26 as moot. 27 /// 28 II. BACKGROUND In 2004, Plaintiff was convicted of five white collar crimes involving financial matters and was subsequently incarcerated. (ECF No. 4 at 3). Plaintiff was released from federal custody on May 8, 2014. (Id.). On November 17, 2020 Plaintiff filed a lawsuit challenging the statutory prohibition against possession of firearms as set forth in 18 U.S.C. § 922(g)(1). (ECF No. 1). Plaintiff subsequently filed an amended petition on December 15, 2020. (ECF No. 4). On February 1, 2021, the Government filed a motion to dismiss …