Epstein Secrets

:08-cv-80811-KAM Document 47 Entered on FLSD Docket 03/12/2009 Page 16 of 21 C.M.A. v. Epstein. et al. Page 16 action for damages): Mantooth v. Richards, 557 So.2d 646 (Fla. 4th DCA 1990), per curiae?, (Dismissal of plaintiffs civil complaint affirmed where parental kidnapping statutes concerned onl

as a factual allegation"). Factual allegations must be enough to raise a right to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure 4 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement

According, Count I is required to be dismissed as Chapter 800, which references lewd conduct, does not create a private right of action. Mantooth v. Richards 557 So.2d 646 (Fla. 4th DCA 1990), per curiam, (Dismissal of plaintiff's civil complaint affirmed where parental kidnapping statutes concerned only

as a factual allegation"). Factual allegations must be enough to raise a right to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement

According, Count I is required to be dismissed as Chapter 800, which references lewd conduct, does not create a private right of action. Mantooth v. Richards, 557 So.2d 646 (Fla. 4th DCA 1990), per curiam, (Dismissal of plaintiffs civil complaint affirmed where parental kidnapping statutes concerned only

s a factual allegation"). Factual allegations 11211st be enough to raise a right to relief above the speculative level, see 51. Wright & A. Miller, Federal Practice and Procedure 4 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement

ant to a criminal statute that provides no civil remedy, her complaint is properly dismissed for failure to state a cause of action. See Mantoothl. Richards, 557 So. 2d 646, 646 (Fla. 4th DCA 1990) (per curiam) (affirming dismissal of plaintiff's claim for parental kidnapping where "the mentioned statut

d as a factual allegation"). Factual allegations naist be enough to raise a right to relief above the speculative level, see 5 Wright & A. Miller, Federal Practice and EFTA00175635 Case 9:08-cv-i„ .19-KAM Docuri, 146 Enterer, ...i FLSD Docket 10i„,2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No