Cameron Thomaz v. It's My Party, Incorporated , 548 F. App'x 893 ( 2013 )


Menu:
  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-1620
    CAMERON JIBRIL THOMAZ,
    Plaintiff – Appellant,
    v.
    IT'S MY PARTY, INCORPORATED, d/b/a I.M.P., Incorporated,
    Defendant – Appellee,
    and
    SETH HURWITZ,
    Defendant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (1:13-cv-00009-JCC-TRJ)
    Submitted:   November 27, 2013             Decided:   December 20, 2013
    Before NIEMEYER, KING, and SHEDD, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Jeffrey L. Marks, Lauren T. Rogers, KAUFMAN & CANOLES, PC,
    Norfolk, Virginia, for Appellant. L. Barrett Boss, S. Rebecca
    Brodey, COZEN O’CONNOR, Washington, D.C., for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Cameron       Jibril    Thomaz        appeals    the    district     court’s
    order       granting    the     Appellee’s          motion    and    dismissing     Thomaz’
    complaint alleging breach of contract pursuant to Fed. R. Civ.
    P. 12(b)(6).           We review de novo a district court’s dismissal
    under       Rule    12(b)(6),     accepting           factual       allegations     in    the
    complaint as true and drawing all reasonable inferences in favor
    of    the    nonmoving       party.        Kensington        Volunteer   Fire     Dep’t    v.
    Montgomery Cnty., 
    684 F.3d 462
    , 467 (4th Cir. 2012).                            To survive
    a    Rule    12(b)(6)    motion       to    dismiss,     a     complaint     must   contain
    sufficient “facts to state a claim to relief that is plausible
    on its face.”           Bell Atl. Corp. v. Twombly, 
    550 U.S. 544
    , 570
    (2007).       Moreover, in ruling on a motion to dismiss, “a court
    may consider documents attached to the complaint or the motion
    to dismiss so long as they are integral to the complaint and
    authentic.”           Kensington, 684 F.3d at 467 (internal quotation
    marks and citation omitted).
    In addition, “[w]e are not limited to evaluation of
    the    grounds        offered    by    the      district       court    to   support      its
    decision,       but    may    affirm       on   any    grounds       apparent     from    the
    record.”           United States v. Smith, 
    395 F.3d 516
    , 519 (4th Cir.
    2005).       We have thoroughly reviewed the record and the relevant
    legal authorities and conclude that the district court did not
    2
    err   in   dismissing   Thomaz’   claim    for   breach      of   contract   for
    failure to state a claim upon which relief could be granted.
    Accordingly, we affirm the district court’s order.                We
    dispense    with     oral   argument   because        the    facts   and   legal
    contentions    are   adequately   presented      in    the   materials     before
    this court and argument would not aid in the decisional process.
    AFFIRMED
    3
    

Document Info

Docket Number: 19-1700

Citation Numbers: 548 F. App'x 893

Judges: Niemeyer, King, Shedd

Filed Date: 12/20/2013

Precedential Status: Non-Precedential

Modified Date: 11/6/2024