Opinion
Civil Action No. 10-cv-02961-RPM
10-18-2011
ECCO PLAINS, LLC, KEN ULRICH and HIGH PLAINS CATTLE COMPANY, LLC, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendants.
ORDER OF DISMISSAL
Pursuant to the hearing held today and upon the finding and conclusion that the amended complaint is insufficient to state a claim for relief by plaintiffs Ken Ulrich and High Plains Cattle Company, LLC, for conversion of the proceeds of sale of cattle owned by ECCO Plains, LLC, as alleged in the first claim for relief in the amended complaint and for negligence in the third claim for relief and that the plaintiff ECCO Plains, LLC, failed to file an administrative claim as required by 28 U.S.C. § 2675(a), resulting in a lack of jurisdiction over its claim for conversion in the second claim for relief and plaintiff ECCO Plains has failed to allege adequately a Fifth Amendment claim in the fourth claim for relief, it is therefore
ORDERED that pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) the amended complaint and this civil action are dismissed with prejudice.
BY THE COURT:
Richard P. Matsch, Senior Judge