EAGLE EYE PAINTING, LLC v. DEP'T OF HUD

Full title: EAGLE EYE PAINTING, LLC, Plaintiffs, v. DEP'T OF HOUSING AND URBAN…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Oct 30, 2007

Case No. 07-12678 (E.D. Mich. Oct. 30, 2007)

Opinion

Case No. 07-12678.

October 30, 2007

ORDER GRANTING DEFENDANT HUD'S MOTION TO DISMISS [DOC. 10]

GEORGE STEEH, District Judge

This matter is before the Court on defendant Department of Housing and Urban Development's ("HUD") motion to dismiss complaint. Plaintiff has not responded to the motion to dismiss. As an agency of the United States, HUD is immune from suit except as it consents to be sued by a waiver of sovereign immunity. Plaintiff has not pled any waiver of sovereign immunity in this case. If Congress has not waived the federal government's sovereign immunity for suit, the court lacks subject matter jurisdiction and dismissal is required. United States v. Nordic Village, Inc., 503 U.S. 30, 33-34 (1992); Clay v. United States, 199 F.3d 876, 879-80 (6^th Cir. 1999).

In addition, plaintiff's painting contract was with defendant St. Clair Construction Company. Plaintiff does not seek any relief from HUD, nor does it allege any contract with HUD, any statutory benefit, or any allegedly tortious behavior by HUD. Plaintiff has failed to state a claim upon which relief may be granted against HUD. Fed.R.Civ.P. 12(b)(6).

For the two reasons stated, HUD's motion to dismiss the complaint against it is GRANTED.