With no explanation, chose the best option from "A", "B", "C" or "D". 450 Fed.Appx. 15, 19 (2d Cir.2011) (“[B]ald assertions of discrimination ... unsupported by any comments, actions, or examples ... from which [the court] could infer that the defendants possessed a discriminatory ... motive are ... insufficient to survive a motion to dismiss.”). Moreover, “[a] complaint based upon a violation of [§ ] 1983 that does not allege facts establishing the personal involvement of an individual defendant fails as a matter of law.” Hernandez v. Sposato, No. 12-CV-2530, 2014 WL 3489818, at *4 (E.D.N.Y. July 9, 2014). Plaintiff, however, fails to put forth “any meaningful comments, actions, or examples of similarly-situated persons outside of [his] protected class being treated differently.” Fouche v. St. Charles Hosp., 64 F.Supp.3d 452, 457 (E.D.N.Y.2014) (<HOLDING>); see also Lucas v. Apple Food Serv. of N.Y.,

A: holding that the bare assertion that a dismissal without prejudice was favorable to the plaintiff was insufficient to survive a motion to dismiss
B: holding that making a nonfrivolous allegation is insufficient to survive a motion to dismiss for lack of jurisdiction
C: holding that motion to dismiss cannot be treated as summary judgment
D: holding that the plaintiff s bald assertions of discrimination  unsupported by any meaningful comments actions or examples of similarlysituated persons outside of the plaintiffs protected class being treated differently  are insufficient to survive a motion to dismiss
D.