Gomez v. Davis
This text of 502 F. App'x 815 (Gomez v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Orlando Gomez appeals the dismissal of his complaint for failure to state a claim. He argues that the district court should have granted him leave to amend before closing this case. We agree. We shall grant Gomez leave to amend his complaint. On remand, we urge Gomez to consult the standards articulated in Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), and to include sufficient facts in his complaint from which the district court can deduce whether they “plausibly suggest an entitlement to relief.” Without such facts, Gomez’s complaint will again be subject to dismissal.
REVERSED AND REMANDED WITH INSTRUCTIONS TO REOPEN CASE AND GRANT LEAVE TO AMEND THE COMPLAINT.
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502 F. App'x 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-v-davis-ca11-2012.