Epstein Secrets

at language, and '[c]ourts have no authority to alter statutory language.... We cannot add to the terms of [the] provision what Congress left out.' Merritt, 120 F.3d at 1187." See also Dodd v. U.S. 125 S.Ct. 2478 (2005); 73 Am.Jur.2d Statutes §124. Title 18 of the U.S.C. is entitled "Crimes and Crimina

1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote and unlikely"). In discussing Twombly, the Eleventh Circuit in Watts v. Fla. International Univ., 495 F.3d 1289, 1295 (11th Cir. 2007), noted - "The Supreme Court's most recent formulat

11-KAM Document 47 Entered on FLSD Docket 03/12/2009 Page 11 of 21 C.M.A. v. Epstein, et al. Page 11 the standard of pleading as established in Twombly, supra, Plaintiff has failed to sufficiently allege the requisite elements of a §2255 claim, thus requiring dismissal; for failure to state a cause

at language, and '[c]ourts have no authority to alter statutory language.... We cannot add to the terms of [the] provision what Congress left out.' Merritt, 120 F.3d at 1187.° See also Dodd v. U.S., 125 S.Ct. 2478 (2005); 73 Am.Jur.2d Statutes §124. EFTA00175293 • Case 9:09-cv-80469-KAM Document 13

and construed in the light most favorable to the plaintiff. M.T.V. v. DeKalb County Sch. Dist., 446 F.3d 1153, 1156 (11th Cir.2006). In discussing Twombly the Eleventh Circuit in Watts v. Fla. International Univ., 495 F.3d 1289, 1295 (111h Cir. 2007), noted - "The Supreme Court's most recent formulati

egation in paragraph 15 as true, Plaintiff is not proceeding exclusively under §2255. Accordingly, under the standard of pleading as established in Twombly, supra, Plaintiff has failed to sufficiently allege the requisite elements of a §2255 claim, thus requiring dismissal for failure to state a cause

at language, and '[c]ourts have no authority to alter statutory language.... We cannot add to the terms of Ethel provision what Congress left out.' Merritt, 120 F.3d at 1187." See also Dodd v. U.S. 125 S.Ct. 2478 (2005); 73 Am.Jur.2d Statutes §124. Title 18 of the U.S.C.. is entitled "Crimes and Crimin

8-cv-80811-KAM Document 47 Entered on FLSD Docket 03/12/2009 Page 11 of 21 . v. Epstein, et al. 1111 the standard of pleading as established in Twombly, supra, Plaintiff has failed to sufficiently allege the requisite elements of a §2255 claim, thus requiring dismissal; for failure to state a cause

1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote and unlikely"). In discussing Twombly, the Eleventh Circuit in Watts v. Fla. International Univ., 495 F.3d 1289, 1295 (111h Cir. 2007), noted - "The Supreme Court's most recent formulat

t language, and '[c]ourts have no authority to alter statutory language .... We cannot add to the terms of [the] provision what Congress left out.' Merritt, 120 F.3d at 1187." See also Dodd v. U.S., 125 S.Ct. 2478 (2005); 73 Am.Jur.2d Statutes §124. Title 18 of the U.S.C .. is entitled "Crimes and Crim

1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote and unlikely"). In discussing Twombly. the Eleventh Circuit in Watts v. Fla. International Univ., 495 F.3d 1289, 1295 (11 th Cir. 2007), noted - "The Supreme Court's most recent formula

ed at least $50,000 in damages. Id. (emphasis added). Where the statute's words are unambiguous—as the are here--the "judicial inquiry is complete." Merritt v, Dillard Paper Co., 120 F.3d 1181, 1186 (11th Cir. 1997) (citation omitted)). Under the 2003 version of the statute, only minors could initiate s

t contain something more than a statement of facts that merely creates a suspicion of a legally cognizable right of action," Bell Atlantic Corp. v. Twombly, 550 U.S. 544. 555 (2007), and just last week made clear that "Twombly expounded the pleading standard for 'all civil actions' and not just pleading

ed at least $50,000 in damages. Id. (emphasis added). Where the statute's words are unambiguous—as the are here--the "judicial inquiry is complete." Merritt v, Dillard Paper Co., 120 F.3d 1181, 1186 (11th Cir. 1997) (citation omitted)). Under the 2003 version of the statute, only minors could initiate s

t contain something more than a statement of facts that merely creates a suspicion of a legally cognizable right of action," Bell Atlantic Corp. v. Twombly, 550 U.S. 544. 555 (2007), and just last week made clear that "Twombly expounded the pleading standard for 'all civil actions' and not just pleading

ed at least $50,000 in damages. Id. (emphasis added). Where the statute's words are unambiguous—as the are here--the "judicial inquiry is complete." Merritt v, Dillard Paper Co., 120 F.3d 1181, 1186 (11th Cir. 1997) (citation omitted)). Under the 2003 version of the statute, only minors could initiate s

t contain something more than a statement of facts that merely creates a suspicion of a legally cognizable right of action," Bell Atlantic Corp. v. Twombly, 550 U.S. 544. 555 (2007), and just last week made clear that "Twombly expounded the pleading standard for 'all civil actions' and not just pleading

ed at least $50,000 in damages. Id. (emphasis added). Where the statute's words are unambiguous—as the are here--the "judicial inquiry is complete." Merritt v, Dillard Paper Co., 120 F.3d 1181, 1186 (11th Cir. 1997) (citation omitted)). Under the 2003 version of the statute, only minors could initiate s

t contain something more than a statement of facts that merely creates a suspicion of a legally cognizable right of action," Bell Atlantic Corp. v. Twombly, 550 U.S. 544. 555 (2007), and just last week made clear that "Twombly expounded the pleading standard for 'all civil actions' and not just pleading

at language, and '[c]ourts have no authority to alter statutory language.... We cannot add to the terms of [the] provision what Congress left out.' Merritt, 120 F.3d at 1187." See also Dodd v. U.S., 125 S.Ct. 2478 (2005); 73 Am.Jur.2d Statutes §124. EFTA00222831 Case 9:09-cv-80469-KAM Document 13 E

e and construed in the light most favorable to the plaintiff. M.T.V. v. DeKalb County Sch. Dist. 446 F.3d 1153, 1156 (11th Cir.2006). In discussing Twombly, the Eleventh Circuit in Watts v. Fla. International Univ., 495 F.3d 1289, 1295 (11th Cir. 2007), noted - "The Supreme Court's most recent formulat

ed at least $50,000 in damages. Id. (emphasis added). Where the statute's words are unambiguous—as the are here--the "judicial inquiry is complete." Merritt v, Dillard Paper Co., 120 F.3d 1181, 1186 (11th Cir. 1997) (citation omitted)). Under the 2003 version of the statute, only minors could initiate s

t contain something more than a statement of facts that merely creates a suspicion of a legally cognizable right of action," Bell Atlantic Corp. v. Twombly, 550 U.S. 544. 555 (2007), and just last week made clear that "Twombly expounded the pleading standard for 'all civil actions' and not just pleading