There are two types of challenges to a court's subject matter jurisdiction under Rule 12(b)(1): 'facial' attacks and 'factual' attacks. See Paterson v. Weinberger, 644 F.2d 521, 523 (5th Cir. 1981); Brooks v. Snow, 313 F.Supp.2d 654, 658 (S.D.Tex. 2004). A facial attack, which consists of a Rule 12(b)(1) motion unaccompanied by supporting evidence, challenges jurisdiction based solely on the pleadings.
Plaintiff seeks monetary damages, which implicates the United States as the real party in interest. See Brooks v. Snow, 2004 WL 720365, *3 (S.D.Tex.) (citing Bank One, Tex., N.A. v. Taylor, 970 F.2d 16, 33 (5th Cir. 1992)); see also Rhyne v. Perry, 1995 WL 77970, *3 (S.D.N.Y.) (citing Kentucky v. Graham, 473 U.S. 159, 165 (1985)); Smith v. United States, 1993 WL 597489, *4 (D. Idaho) (noting that "[i] t is well settled that an action against an officer or agent of the United States government with respect to actions taken in his or her official capacity is considered to be against the United States itself.").