Spencer v. The United States

Filing 15

ORDER granting 6 Motion to Dismiss. This action is dismissed.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ANTHONY W. SPENCER,
Plaintiff,
VS.
THE UNITED STATES,
Defendant.

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CIVIL ACTION NO. 2:13-CV-00079

ORDER
Before the Court is the Defendant’s Motion to Dismiss (D.E. 6). Defendant seeks
dismissal of this action pursuant to Fed. R. Civ. P. 12(b)(6) because the Complaint does
not allege sufficient facts to state a claim that is plausible on its face as required by Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1966 (2007) and Ashcroft v.
Iqbal, 556 U.S. 662, 129 S.Ct. 1937 (2009). Plaintiff’s Response (D.E. 9) added some
argument and authorities, but the only additional “facts” offered were: (1) an affidavit
that is conclusory hearsay regarding events in 2001 and before; and (2) medical
information that is devoid of facts that connect any medical condition to any conduct of
the Defendant. Plaintiff has failed to state facts that supply the Defendant with fair notice
of the claims made against it. The Motion to Dismiss (D.E. 6) is GRANTED and this
action is dismissed.
ORDERED this 24th day of June, 2013.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
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