Gaither v. Barron

MEMORANDUM OPINION

ALBRITTON, District Judge.

This cause is before the court on a motion to dismiss filed by the defendant on December 21, 1995. For the reasons discussed hereinafter, the motion is due to be GRANTED.

I. STANDARD

A court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proven consistent with the allegations. Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232-33, 81 L.Ed.2d 59 (1984); see also Wright v. Newsome, 795 F.2d 964, 967 (11th Cir.1986) (citation omitted) (“[W]e may not ... [dismiss] unless it…