Want v. St. Martins Press LLC, No. 1:2012cv00908 - Document 33 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION Re: 7 MOTION to Dismiss by St. Martins Press LLC, 23 MOTION to Dismiss for Failure to State a Claim the Amended Complaint by St. Martins Press LLC, 21 PETITION for Settlement Conference by Jerome Want. Signed by District Judge Leonie M. Brinkema on 11/1/2012. Copy mailed to pltf pro se. (stas)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA si I Alexandria Division I m-izm iivi i I _.. I'l JEROME WANT, Plaintiff l:12cv908 ST. (LMB/TRJ) MARTINS PRESS LLC, Defendant. MEMORANDUM OPINION Before the Court are defendant St. Martin's Press, LLC's Motion to Dismiss the Complaint [Dkt. No. 7] and Motion to Dismiss the Amended Complaint [Dkt. No. 23]. In its motions, defendant argues that pro se plaintiff Jerome Want's ("Want") Complaint [Dkt. No. 1] and Amended Complaint [Dkt. No. 22] raise claims that are barred by the applicable statutes of limitations, Civ. fail to state valid claims for relief under Fed. P. 12(b)(6), and are otherwise meritless. Defendant's motions provided plaintiff with the proper notice pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). For the reasons discussed below, defendant's motions will be granted. I. BACKGROUND In 2005, plaintiff entered a written contract with defendant for the publication of his manuscript. On September 27, 2010, plaintiff filed a four-count complaint against defendant in state court, alleging (1) breach of contract, R.
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