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Cates v. Potter

United States Court of Appeals, Second Circuit
Feb 5, 2010
363 F. App'x 822 (2d Cir. 2010)

Opinion

No. 09-2572-cv.

February 5, 2010.

Appeal from a judgment of the United States District Court for the Southern District of New York (Baer, J.). UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED.

Jared Kneitel, New York, NY, for Appellant.

Assistant United States Attorney Carolina A. Fornos (David S. Jones, Assistant United States Attorney, on the brief) for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellees.

PRESENT: PIERRE N. LEVAL, RICHARD C. WESLEY, Circuit Judges, JOHN GLEESON, District Judge.

The Honorable John Gleeson, of the United States District Court for the Eastern District of New York, sitting by designation.


SUMMARY ORDER

Appellant Elliot Ulysses Cates ("Cates") appeals the district court's grant of Appellees' Federal Rule of Civil Procedure 12(b)(6) motion, dismissing his complaint alleging violations of the Due Process Clause, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Rehabilitation Act, 29 U.S.C. § 701 et seq., as well as claims for defamation and breach of contract. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

We review a district court's dismissal of a complaint pursuant to Rule 12(b)(6) de novo, "construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiff's favor." Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002). Our independent review of the record confirms that the district court properly granted the motion to dismiss. We affirm that court's judgment for substantially the same reasons as articulated in that court's thorough and well-reasoned opinion.

For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.


Summaries of

Cates v. Potter

United States Court of Appeals, Second Circuit
Feb 5, 2010
363 F. App'x 822 (2d Cir. 2010)
Case details for

Cates v. Potter

Case Details

Full title:Elliot Ulysses CATES, Plaintiff-Appellant, v. John POTTER, Postmaster…

Court:United States Court of Appeals, Second Circuit

Date published: Feb 5, 2010

Citations

363 F. App'x 822 (2d Cir. 2010)

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