Memorandum Opinion and Order

Pending before the court is the defendant’s Motion to Dismiss. For reasons set forth below, the defendant’s motion is DENIED in part and GRANTED in part. Because I find as a matter of law that the defendant’s subpoena cannot lawfully be enforced against Capital One Bank (USA), N.A., the defendant and his agents are (1) permanently ENJOINED from issuing subpoenas or demanding the inspection of the books and records of Capital One Bank (USA), N.A.,  in connection with the defendant’s investigation into credit card lending, and (2) permanently ENJOINED from seeking to enforce the subpoena referenced in State of West Virginia ex rel. Darrell V . McGraw, Jr., Attorney General, v. Capital One Bank, Misc. Action No. 05-C-71 (Circuit Court of Lincoln County). Because I find that Capital One Services, Inc., is not protected by the National Bank Act, the plaintiffs’ claims regarding the defendant’s subpoena of Capital One Services, Inc., are DISMISSED with prejudice. Likewise, the plaintiffs’ § 1983 claims are DISMISSED with prejudice.