Estate of Purkey Ex Rel. Purkey v. United States

MEMORANDUM AND ORDER OF DISMISSAL

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendant’s motion to dismiss which is opposed by the Plaintiff. For the reasons stated herein, the motion is granted.

I. STANDARD OF REVIEW

“A complaint should not be dismissed for failure to state a claim upon which relief may be granted unless after accepting all well-pleaded allegations in the plaintiffs complaint as true and drawing all reasonable factual inferences from those facts in the plaintiffs favor, it appears certain that the plaintiff cannot prove any set of facts in support of his…