Virginia Circuit Court case that was subsequently dismissed based on Judge Motz
Walker v. Kimberlin
, U.S. Dist. Court, Dist. of Md., (Civil Case No. 8:12-cv-01852- JFM)
Federal Rules of Procedure
Rule 12(b)(6) provides that a complaint may be dismissed
if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.
Hishon v. King & Spalding
, 467 U.S. 69, 73 (1984). A plaintiff
s complaint must contain
a short and plain statement of a claim showing that the pleader is entitled to relief, in order to give a defendant fair notice of what the claim is and the grounds upon which it rest.
Bell Atl. Corp. v. Twombly
, 550 U.S. 544, 555 (2007)
Conley v. Gibson
, 355 U.S. 41, 47 (1957). Though the
standard requires only a short and plain statement,
[f]actual allegations must be enough to raise a right to relief above the speculative level.
A satisfactory claim for relief
demand[s] more than an unadorned, the-defendant-unlawfully-harmed-me accusation.
Ashcroft v. Iqbal
, 556 U.S. 662, 678 (2009). A complaint is subject to dismissal under Rule 12(b)(6) if it merely
offers labels and conclusions or a formulaic recitation of the elements of a cause of action
[or] if it tenders naked assertions devoid of further factual enhancement.
s first claim for relief should be dismissed because Plaintiff failed to allege sufficient facts to show conduct, an enterprise, and racketeering activity under 18 U.S.C. §1962(c)-(d).
Plaintiff accuses DBCS of engaging in an ongoing conspiracy against him in violation of the Federal Racketeer Influenced and Corrupt Organizations Act (hereinafter
) 18 U.S.C. § 1961
1968. To state a claim under §1962(c), a plaintiff must allege,
(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.
Sedima v. Imrex Co
., 473 U.S. 479, 496 (1985). As the Court discussed in
, conduct is the
conducting or participating in the conduct of an enterprise