FALLICA v. U.S., 10-2153-cv. (2011)
Court: Court of Appeals for the Second Circuit
Number: infco20110315068
Visitors: 9
Filed: Mar. 15, 2011
Latest Update: Mar. 15, 2011
Summary: SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellants Raymond J. Fallica and Cheryl A. Wolf, proceeding pro se, appeal the district court's judgment granting the Government's motion to dismiss their complaint. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. We review de novo a district court's dismissal of a complaint under
Summary: SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellants Raymond J. Fallica and Cheryl A. Wolf, proceeding pro se, appeal the district court's judgment granting the Government's motion to dismiss their complaint. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. We review de novo a district court's dismissal of a complaint under F..
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SUMMARY ORDER
UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Appellants Raymond J. Fallica and Cheryl A. Wolf, proceeding pro se, appeal the district court's judgment granting the Government's motion to dismiss their complaint. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We review de novo a district court's dismissal of a complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), accepting as true the factual allegations in the complaint and drawing all reasonable inferences in the plaintiff's favor. See Macias v. Zenk, 495 F.3d 37, 40 (2d Cir. 2007); Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006). Having conducted an independent and de novo review of the record in light of these principles, we affirm the district court's judgment for substantially the same reasons stated in the magistrate judge's report and recommendation and in the district court's decision and order. We have considered Appellants' arguments on appeal and have found them to be without merit. Accordingly, the judgment of the district court is hereby AFFIRMED.
Source: Leagle
