2:18-cv-02573-DCN
Date Filed 02/08/19
Entry Number 17
Page 9 of 11
access to his Twitter account was a violation of the Terms of Service Agreement he had with the
Defendant. Iqbal, 129 S.Ct. at 1949 [in order to avoid dismissal, allegations of complaint must set
forth a “plausible” claim for relief]. To the contrary, the Defendant’s actions are clearly, and
specifically, allowed by the terms of the “contract” between Plaintiff and the Defendant. Philips, 572
F.3d at 180 [In deciding a motion to dismiss, court may consider documents that are integral to or
explicitly relied upon in the complaint]. Therefore, Plaintiff has failed to state a breech of contract
claim in his Complaint. Harper v. United States, 423 F.Supp. 192, 196 (D.S.C. 1976)[“[W]here the
claims in a complaint are insufficiently supported by factual allegations, these claims may be
properly dismissed by summary dismissal”]; Frey v. City of Herculaneum, 44 F.3d at 671
[“Complaint must contain facts which state a claim as a matter of law and must not be conclusory”];
House v. New Castle County, 824 F.Supp. 477, 485 (D.Md. 1993) [Conclusory allegations
insufficient to maintain claim]; see also Dickson v. Microsoft Corp., 309 F.3d 193, 213 (4th Cir.
2002)[Plaintiff has burden of alleging facts sufficient to state all the elements of a claim].
Conclusion
Based on the foregoing, it is recommended that the Defendant’s motion to dismiss
be granted,6 and that this case be dismissed.
6
Based on the findings and discussion set forth hereinabove, it was not necessary to analyze
the Defendant’s other asserted grounds for dismissal of this case.
9