Is a Motion to Dismiss pursuant to FRCP 12(b)(6) a ruling on a question of law? If so, is this Motion inappropriate when applied to Pro se complaints?

QUESTIONS PRESENTED 1) Is a Motion to Dismiss pursuant to FRCP 12(b) (6) a ruling on a question of law? If so, is this Motion inappropriate when applied to Pro se complaints? 2) Can local government entities take adverse actions against its citizens without Due Process for not using the provided utility services? 3) Should Pro se parties be allowed an opportunity to include evidence and to amend their complaints alleging violations under the 1983 Statute? 4) Is race or any other protected class status a requirement in order to prove a violation of the Equal Protection Clause of the US Constitution? 5) Is proof of a crime a requirement for a Civil Rico violation? STATEMENT OF CASE The Idaho Legislature has passed laws authorizing local government entities to write Ordinances making the use of utilities mandatory. Currently, all cities/counties make trash, sewer, and water mandatory. Some local governments have separate billing for each utility and others have them all in one bill. The Legislature has ensured the local governments get their due by authorizing they certify the nonpayment to the residents property tax roll.however, it is important to point out that the Idaho Legislature has not authorized local government entities to certify to the property tax roll for unused services. Neither the Idaho Laws nor the Ordinances have written in them an administrative procedure where residents can contest the billing prior to the certification to the property tax roll, or prior to any other collections attempts such as lawsuits by the government. The current situation in Idaho is such that local governments supposedly have waiver applications of mandatory service for things like vacancy, but it's clear that as long as customers fear the threat of government lawsuits or their home property taxes going into delinquency that the entities know that they can deny applications and customers will | 1 2 i rs | pay for unused services in order to avoid the prospect of tax deeds and losing their homes. Idaho Code 31-870 (1), Idaho Code 31-870 (2), Idaho Code 31-4404, Idaho Code 50-1008, | Idaho Code 63-902 (10) are the Statutes that have granted blanket authority to Counties, | Municipalities and other local governments to make services mandatory such as trash, sewer, water, etc. Local governments in turn have drafted ordinances such as Ada County Code 5-2-4-1 that enforce mandatory services regardless of the fact that the services are being used or | not, or ability to pay. It's also important to point out that in Idaho trash services have been made mandatory as a direct result of monetary donations and other incentives given by private contractors to Jocal politicians. REASONS FOR GRANTING CERTIORARI | 1) The history of this case. Mendez home in Boise is currently vacated since he takes care of his disabled mother at her home; so that she is not institutionalized. Because his home is vacated there is no trash being | taken out. Mendez initially contacted the Ada County Billing Services on 4/30/2017 in order to waive the unused trash service and subsequently spend over two years trying to waive it. The County has waivers for Mendez particular situation, but staff did not provide a waiver form and they did not facilitate a way to waive the fee, because the evidence shows they did not want to waive the fee, and have maintained all along that the residence is occupied and service is mandatory. The County punishes residents that don't pay the mandatory trash fee by certifying the fee to residents property tax roll as alien. The property taxes are placed on delinquent status as a result of the trash certification process regardless of the fact that residents are using the service or not. Furthermore, there is no opportunity to contest the certification process. Neither, the Idaho Laws nor do the Ordinances provide for an administrative proceeding prior to ! 3 the certification to the property tax roll. It is of particular importance to point ou