Opinion
Civil Case No. 04-00038.
December 28, 2004
ORDER REFERRING MOTION TO DISMISS TO MAGISTRATE JUDGE FOR REPORT RECOMMENDATION
On October 28, 2004, the Defendant, Attorney General of Guam, Douglas Moylan, filed a Motion to Dismiss First Amended Complain for Lack of Subject Matter Jurisdiction and Failure of Plaintiff to State a Claim and to Strike Defendant Attorney General Moylan as a Party Under 21 and 26 U.S.C. § 7422(f)(1) and (2) for Failure of Plaintiff to State a Claim and Misjoinder. On October 28, 2004, the Defendant, Governor of Guam also filed Motion to Dismiss. Pursuant to 28 U.S.C. § 636(b)(1)(B), these motions are hereby referred to Magistrate Judge Manibusan to determine and make recommendation to the Court as to the appropriate disposition. The January 13, 2005 hearing on the motions is hereby vacated. Magistrate Judge Manibusan shall issue a briefing schedule and re-schedule oral argument on the motion at his convenience.
IT IS SO ORDERED.