District Court, M.D. North Carolina March 1, 2001, 1:06-m-00053 (Byrd v. Hunt)

MEMORANDUM OPINION

BEATY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendants’ June 23, 2000 Motion [Document # 3], which contains a request that the Court dismiss Plaintiffs Complaint either pursuant to Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim upon which relief may be granted, or pursuant to Rule 12(b)(1) for lack of subject matter