District Court, N.D. California November 21, 2002, No. C01-1397-MEJ (Brown v. Rumsfeld)

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FED. R. CIV. P. 12(b)(6), WITH LEAVE TO AMEND.

JAMES, United States Magistrate Judge.

I. INTRODUCTION

Before the Court is Defendant Donald H. Rumsfeld’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Fed.R.Civ.P. 12(b)(6)”), filed October 16, 2001. In his motion, Donald H.