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MOTION TO DISMISS - 1
Fliply27
Discord: Evexom
STATE OF RIDGEWAY
RIDGEWAY SUPERIOR COURT
AMERICAN_STIRLING,
Plaintiff,
vs.
MACNCHEEZ23,
Defendant
Case No.: RSC-CV-2476
MOTION TO DISMISS
MOTION TO DISMISS
Defendant, by and through the undersigned counsel, hereby request the Court to dismiss the
Plaintiff’s Complaint pursuant to Rid. R. Civ. P. 28(b)(2) due to Plaintiff failing to state a claim upon which relief
can be granted, as well as the alleged action of the complaint has exceeded the Statute of Limitations set by the
Legislature.
ARGUMENT
This Motion to Dismiss originates from the Civil Complaint filed on the 18th of March, 2024 for an event
that occurred on the 17th of March, 2023, over a year after the event, the Civil Complaint also failed to state a claim
upon which relief can be granted.
The Complaint filed by the Plaintiff should have never been accepted by this Court. On May 30th, 2022 the
Governor signed into effect S1-027, Statute of Limitations Act which imposed restrictions on the filing date for both
Criminal and Civil charges. For this Complaint specifically, 1 R. Stat § 2404 applies which states “No civil
complaint about a wrongful act, neglect, or default causing death shall be accepted after ninety (90) days of the
listed date of occurrence of the action causing the dispute.” The action alleged in this Complaint occurred 367 days
before the date of filing.
Pursuant to Rid. R. Civ. P. 12(a)(5), we also submit this Motion to Dismiss for the Plaintiff failing to state a
claim upon which relief can be granted. The Civil Complaint is not sufficiently fleshed out as to what cause of
action is being alleged and what facts support that cause of action. “[T]hreadbare recitals of the elements of a cause
of action, supported by mere conclusory statements, do not suffice” Ashcroft v. Iqbal, 556 U.S. 662, 1950 (2009).
CONCLUSION
Based on the above stated reason, Defendant respectfully requests that this court dismiss the action. The
Plaintiff has not only failed to file this Complaint within the time constraints established by law, but also failed to
include a claim which they can be granted relief.
Dated this 20th of March, 2024.
Fliply27
Clarke and Associates, LLP
State Bar No. 24102
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MOTION TO DISMISS - 2
Case No.: RSC-CV-2476
NOTICE OF APPEARANCE
NOTICE OF APPEARANCE
TAKE NOTICE that Fliply27 enters his appearance as counsel of record in the above-entitled action for
Defendant, and request that notice of any and all further proceedings in said action be served upon the signed
attorney.
Dated this 20th of March, 2024.
Fliply27
Clarke and Associates, LLP
State Bar No. 24102
AMERICAN_STIRLING,
Plaintiff,
vs.
MACNCHEEZ23,
Defendant
