Montoya v. FedEx Ground Package System, Inc.

HAYNES, Circuit Judge:

Alfred Montoya appeals from the district court’s dismissal of his 42 U.S.C. § 1985(2) suit against FedEx Ground Package System, Inc. (“FXG”), for failure to state a claim. The district court concluded that the statute of limitations had run on Montoya’s claims. We pretermit the statute of limitations question and instead AFFIRM on the alternate grounds that Montoya has not plausibly alleged a conspiracy aimed at deterring him from or retaliating against him for attending or testifying in a federal proceeding.

I. Facts & Procedural Background

For the purposes of this appeal…