Chavez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANDRES E. CHAVEZ, JR., Case No.: 22-CV-1182 TWR (AHG)

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS

PLAINTIFF’S COMPLAINT

UNITED STATES OF AMERICA,

Defendant. (ECF No. 5) 16 17

Presently before the Court is Defendant the United States of America’s Motion to Dismiss Plaintiff’s Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (ECF No. 5, “Mot.”), along with Plaintiff Andres E. Chavez, Jr.’s Opposition to (ECF No. 6, “Opp’n”) and Defendant’s Reply in Support of (ECF No. 8, “Reply”) the Motion. The Court took this matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). (See ECF No. 9.) Having carefully considered Plaintiff’s Complaint (ECF No. 1, “Compl.”), the Parties’ arguments, and the relevant law, the Court GRANTS Defendant’s Motion to Dismiss WITHOUT PREJUDICE. / / / / / / BACKGROUND…