FELIX v. ARIZONA DEPT. OF HEALTH SERVICES

No. CIV 85-202 PHX PGR.

606 F.Supp. 634 (1985)

Joseph A. FELIX, Harlon H. Rogers, Plaintiffs, v. ARIZONA DEPARTMENT OF HEALTH SERVICES, GOODS, VITAL RECORDS SECTION, Lloyd F. Novick, M.D., M.P.H. Director, Original Birth Certificate, Defendants.

United States District Court, D. Arizona, Fourth Division.

April 17, 1985.


Attorney(s) appearing for the Case

Joseph A. Felix, in pro. per.

Harlon H. Rogers, in pro. per.

Jonathan H. Schwartz, Asst. Chief Counsel, Atty. Gen., Civ. Div., Phoenix, Ariz., for defendants.


OPINION AND ORDER

ROSENBLATT, District Judge.

Before the Court is the defendants' motion to dismiss the amended complaint herein pursuant to Fed.R.Civ.P. 12(b)(6). The Court does not reach the issue of whether the amended complaint fails to state a claim upon which relief may be granted inasmuch as the Court finds that it lacks subject matter jurisdiction over this action and therefore dismisses it pursuant to Fed.R.Civ.P. 12(h)(3). The Court further finds...

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