Chase v. Senate of Virginia, et al, No. 3:2021cv00054 - Document 23 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION. It is so ORDERED. Signed by District Judge Robert E. Payne on 05/12/2021. (walk, )
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Chase v. Senate of Virginia, et al Doc. 23 L E IN THE UNITED STATES DISTRICT COURT E |rj\ MAY 1 3 2021 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RICHMOND, VA SENATOR AMANDA F. CHASE, Plaintiff, Civil V . SENATE OF VIRGINIA, Action No. 3:21-cv-54 et al., Defendants. MEMORANDUM OPINION This DISMISS matter is before the (''Motion to Dismiss") forth below, on (EOF No. DEFENDANTS' 12) . For the MOTION reasons TO set the motion will be granted. I. A. Court BACKGROUND Legal Standard The Fed. Defendants' R. Civ. jurisdiction"). either a Motion P. A 12(b) (1) matter jurisdiction. fails to court has 12(b)(1) effect, 2009) . allege Kerns v. A facial facts is is afforded is brought ("lack motion can of be a the United States, challenge argues sufficient to support jurisdiction. facial same Id. challenge, procedural pursuant to subject-matter characterized "factual" challenge to a subject matter motion Dismiss 12(b) (1) "facial" or a (4th Cir. to court's subject 585 F.3d 187, that a the if that the as he a Rule plaintiff, protection 192 complaint finding Thus, "'the as in would Dockets.Justia.com
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