Case: 11-11733 Date Filed: 12/18/2012 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_____________
No. 11-11733
_____________
D.C. Docket No. 2:10-cv-00708-JES-DNF
ORLANDO GOMEZ,
Plaintiff ! Appellant,
versus
TST DAVIS,
Defendant - Appellee.
____________
Appeal from the United States District Court
for the Middle District of Florida
____________
(December 18, 2012)
Before WILSON and HILL, Circuit Judges, and HUCK,* District Judge.
________________________
*Honorable Paul C. Huck, United States District Judge for the Southern District of
Florida, sitting by designation.
Case: 11-11733 Date Filed: 12/18/2012 Page: 2 of 2
PER CURIAM:
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 (2009) and Bell Atlantic Corp. v. Twombley,
550
U.S. 544 (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.
2
