Hardage v. State of Oklahoma, et al.,

Filing 96

ORDER by District Judge James H. Payne: granting 85 Motion to Dismiss parties dismissing defendants Mary Smith and Michelle Wade (cjt, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
TERRY HARDAGE,

Plaintiff,
vs.

No. CIV-11-295-JHP

THE STATE OF OKLAHOMA, et al.,

Defendants.
ORDER
This matter comes before the Court on Defendants Mary Smith and Michelle Wade’s FED.
R. CIV. P. 12(b)(6) Motion to Dismiss Plaintiff’s Second Amended Complaint (Dkt.# 85). In order
to survive a motion to dismiss for failure to state a claim upon which relief can be granted, factual
allegations must be enough to raise a right to relief above the speculative level, on the assumption
that all the allegations in the complaint are true even if doubtful in fact. Bell Atlantic Corp. V.
Twombly, 127 S.Ct. 1955, 1964-65 (2007). Yet the Court need not accept as true legal conclusions
from the complaint or “‘naked assertion[s]’ devoid of ‘further factual enhancement.’” Ashcroft v.
Iqbal, ____ U.S. ____, 129 S.Ct. 1937 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. at
557) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. at 557). The Court, after careful review
of the pleadings, and based upon the reasons as more fully set forth in Defendants’ Motion to
Dismiss, finds that Plaintiff has failed to meet this standard and Defendants Mary Smith and
Michelle Wade’s Motion to Dismiss (Dkt # 85) is GRANTED.
IT IS SO ORDERED this 2nd day of April, 2012.