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fikre v. fbi torture portland sweden opinion

fikre v. fbi torture portland sweden opinion

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Published by: mary eng on May 31, 2014
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06/22/2014

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGONYONAS FIKRE,Plaintiff,v.
 
FEDERAL BUREAU OF INVESTIGATION; ERICHOLDER, in his official capacity as Attorney General of the United States;DEPARTMENT OF STATE; JOHN KERRY, inhis official capacity as Secretary ofState; JAMES B. COMEY, in his officialcapacity as Director of the FederalBureau of Investigation; CHRISTOPHER  M. PIEHOTA, in his official capacityas Director of the FBI TerroristScreening Center; DAVID NOORDELOOS, anemployee of the Federal Bureau ofInvestigation, in his individualcapacity; and JOHN DOE I, also knownas JASON DUNDAS, an employee of theFederal Bureau of Investigation, inhis individual capacity,Defendants.3:13-cv-00899-BR OPINION AND ORDER 
 1 - OPINION AND ORDER
Case 3:13-cv-00899-BR Document 36 Filed 05/29/14 Page 1 of 30 Page ID#: 294
 
GADEIR I. ABBAS
Council on American-Islamic Relations453 New Jersey Avenue, S.E.Washington, D.C. 2003(720) 291-0425
BRANDON B. MAYFIELD
3950 S.W. 185
th
 AvenueBeaverton, Oregon 97007(503) 941-5101
THOMAS H. NELSON
P.O. Box 1211Welches, Oregon 97067-1211(503) 622-3262Attorneys for Plaintif
ERIC HOLDER 
United States Attorney General
BRIGHAM J. BOWEN
 Trial AttorneyUnited States Department of JusticeCivil Division, Federal Programs BranchP.O. Box 883Washington, DC 20044(202) 514-6289Attorneys for Defendants
BROWN, Judge
. This matter comes before the Court on the Motion (#21) toDismiss for Failure to State a Claimand for Lack of Jurisdictionfiled by Defendants Federal Bureau of Investigation (FBI), EricHolder, Department of State, John Kerry, James B. Comey, andChristopher M. Piehota (collectively referred to as Official 2 - OPINION AND ORDER
Case 3:13-cv-00899-BR Document 36 Filed 05/29/14 Page 2 of 30 Page ID#: 295
 
Capacity Defendants).
1
 For the reasons that follow, the Court
GRANTS
the OfficialCapacity Defendants’ Motion (#21) to Dismiss for Failure to Statea Claimand for Lack of Jurisdiction;
DISMISSES with prejudice
ClaimOne;
DISMISSES
 
without prejudice
 Claims Two, Five, and Sixwith leave to file a Second Amended Complaint consistent withthis Opinion and Order no later than
June 27, 2014;
and directsthese Defendants to file their responsive pleading to the SecondAmended Complaint no later than
July 25, 2014
.
PROCEDURAL BACKGROUND
 The Official Capacity Defendants move to dismiss pursuant toFederal Rules of Civil Procedure 12(b)(1) and 12(b)(6) the claimsagainst themin Plaintiff Yonas Fikre’s First Amended Complaint(FAC) (#10) on the grounds that Plaintiff failed to present aripe case or controversy in Claims One, Five, and Six; failed toexhaust available administrative remedies with respect to ClaimsOne, Five, and Six; and failed to state a claimon which relief
1
 Pursuant to Federal Rule of Civil Procedure 25(d), JamesB. Comey is automatically substituted for Robert S. Mueller III,and Christopher M. Piehota is automatically substituted for Timothy Healy.3 - OPINION AND ORDER
Case 3:13-cv-00899-BR Document 36 Filed 05/29/14 Page 3 of 30 Page ID#: 296

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