Raby v. Licon

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50591
Summary Calendar
MARILYN I. RABY,
Plaintiff-Appellant,
versus
MARIA LICON,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(01-CA-0288-DB)
_________________________________________________________________
December 30, 2002
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Marilyn I. Raby appeals, pro se, her complaint's being
dismissed pursuant to FED. R. CIV. P. 12(b)(6) (failure to state
claim upon which relief can be granted). (Raby moves for relief
from the requirement of the rules with respect to her reply brief.
Treating the motion as one to file a reply brief in its present
form, it is GRANTED.)

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Rule 12(b)(6) dismissal is proper where the facts alleged, if
true, do not entitle the plaintiff to a legal remedy. See, e.g.,
Conley v. Gibson, 355 U.S. 41, 45-46 (1957). Accepting as true all
material allegations in the Complaint, as well as all reasonable
inferences to be drawn from the allegations, and reviewing the
allegations in a light most favorable to Raby, we hold that Raby
has not stated a claim upon which relief can be granted. In so
holding, we note that Raby proceeds without reference to any
statute or specific legal theory. Despite a liberal reading of her
complaint, we find no allegations sufficient to rise to the level
of a legal claim.
MOTION GRANTED; AFFIRMED

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