Does a motion to dismiss a complaint with prejudice for failure to state a claim have to be appealed?
MultiRegion, United States of America
The following excerpt is from Tafari v. Hues, 473 F.3d 440 (2nd Cir. 2007):
(2) In Tafari v. Aidala, No. 00-Civ-405, the district court granted the defendants' motion to dismiss the complaint with prejudice for failure to state a claim and certified that any appeal taken would not be in good faith.
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