NOV22 ^-oa^
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
THE REVEREND DR. MICHAEL      ) A. NEWDOW,                   ) Plaintiff,                      )
) v.                              )    No. 1:02CV01704(HKK)
)
JAMES M. EAGEN, ID, et al.,          ) Defendants.                      )
THE UNITED STATES OF AMERICA'S MOTION TO DISMISS
The United States of America hereby moves to dismiss this action under Rules 12(b)(l) and 12(b)(6) of the Federal Rules of Civil Procedure. Dismissal is appropriate under Rule 12(b)(l) because plaintiffs claims are not justiciable. Dismissal is appropriate under Rule I2(b)(6) because, even assuming justiciability, plaintiff has failed to state a claim upon which relief may be granted. The reasons for this motion are set forth at length in the accompanying memorandum of points and authorities.
Respectfully submitted,
ROBERT D. MCCALLUM, JR. Assistant Attorney General
ROSCOE C. HOWARD, JR. United States Attorney
THEODORE C. HIRT Assistant Branch Director