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Memo to Assistant Attorney General Civil Division Re: Virgil Carter v. Executive Branch of the United States Govérnment, et al. answer the Complaint but move to dismiss it pursuant to Rule 12(b) of the FRCP for failure to state a claim upon which relief can be granted. No specific allegation is made against the FBI. A complaint should, as a minimum, indicate clearly the defendants. against whom relief is sought and the basis upon which relief is sought against particular defendants; and a complaint failing to do so would be dismissed on motion. Matthews v. Kilxoe, 170 F. Supp. 416 (D.C.N.Y., 1959). Although Carter states he brings this action not oniy on his own behalf bat "on behalf of all registered voters of color and/or persons in the United States similarly situ- ated,’ “ thé Complaint does not contain sufficient factual allega- tions to satisfy the prerequisites to a class action set forth in Rule 23 of the FRCP. Plaintiff complains only of actions taken against him personally and does not specify any relief on behalf of the class. The enclosures comprise all the information in records maintained at FBI Headquarters which is identifiable with the plaintiff in this civil action. ‘There is no record indicating that Carter was the target.of ox overheard on any electronic surveillance conducted by the FBI. Finally, the Complaint itself and the information contained in the enclosed report dated January 24, 1977, indicate - that an issue as to the capacity of the plaintiff to sue or ‘be sued could be raised pursuant to Rule 9(a) or_i7(c) of the FRCP. As indicated on page 39 of the report It is my recommendation, however, th inst move for dismissal under Rule 12(b) of the FRCP. Enclosures (3) L ~~ United States Attorney - Enclosures (3) Southern District of New York New York, New York 10007 Que L