Legal Opinion

Perry v. Beamer

District Court, E.D. Virginia

Decided July 23, 1996No. 2:96cv265PublishedCited by 2 opinions

1Opinion of the Court

ORDER AND OPINION

DOUMAR, District Judge.

This matter comes before the Court on a motion by the defendant, Betsy Davis Beam-er (“Beamer”), to dismiss this action because of the plaintiffs failure to state a claim upon which this Court can grant relief. See Fed. R.Civ.P. 12(b)(6). For the following reasons, the Court GRANTS the defendant’s motion.

I

When deciding a motion brought pursuant to Rule 12(b)(6), the court assumes the truth of the allegations set forth in the complaint. See Republican Party of North Carolina v. Martin, 980 F.2d 943, 952 (4th Cir.1992), ce rt. denied, 510 U.S. 828, 114…

2Cases cited19 opinions

  1. Dunn v. BlumsteinSupreme Court of the United States · 1972
  2. Republican Party of North Carolina v. MartinCourt of Appeals for the Fourth Circuit · 1992
  3. Bullock v. CarterSupreme Court of the United States · 1972
  4. Kramer v. Union Free School District No. 15Supreme Court of the United States · 1969
  5. Cipriano v. City of HoumaSupreme Court of the United States · 1969

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3Cited by2 opinions

  1. LEGAL SERVICES FOR PRISONERS WITH CHILDREN v. BowenCalifornia Court of Appeal · 2009
  2. Howard v. GilmoreCourt of Appeals for the Fourth Circuit · 2000

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