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16-1494 - Gonzalez v. United States of America et al


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16-1494 - Gonzalez v. United States of America et al
March 31, 2018
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ORDER granting 31 Motion to Dismiss for Lack of Subject Matter Jurisdiction or, in the Alternative, for Failure to State a Claim. For the reasons set forth in the attached memorandum and order, all claims in plaintiff's 27 amended complaint are dismissed. The claims asserted in counts V, VI, XIII, XIV, and XV are dismissed for lack of subject matter jurisdiction, and the claims asserted in counts I, I, III, IV, VII, VIII, IX, X, XI, and XII are dismissed for failure to state a claim upon which relief can be granted. The court concludes that re-pleading would be futile, and plaintiff is therefore denied leave to file another amended complaint. The clerk of court is respectfully directed to enter judgment dismissing counts V, VI, XIII, XIV, and XV without prejudice, and dismissing counts I, II, III, IV, VII, VIII, IX, X, XI, and XII with prejudice, and to close the case. Ordered by Judge Kiyo A. Matsumoto on 3/31/2018. (Flores, Diego)