Braswell v. Haywood Regional Medical Center

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on Defendants’ motion to dismiss. For the reasons stated below, the motion is allowed in part and denied in part.

I. STANDARD OF REVIEW

A motion to dismiss under Rule 12(b)(6) “should not be granted unless it appears certain that the plaintiff can prove no set of facts which would support [his] claim and would entitle [him] to relief.” Mylan Labs., Inc. v. Matkari, 7 F.3d 1130, 1134 (4th Cir.1993). “Because only the legal sufficiency of the complaint, and not the facts in support of it, are tested under a Rule…