Summary
holding that "res judicata applies to pro se plaintiffs whose claims in a second action are based on the same factual predicates presented in the first action"
Summary of this case from Staten v. City of N.Y.Opinion
No. 10-2118-cv.
March 31, 2011.
Appeal from a judgment of the United States District Court for the Southern District of New York (McKenna, J.).
UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the order of the district court is AFFIRMED.
Jawan Akil Bey, pro se, Bracey, VA, for Appellant.
Ellen Ravitch, Assistant Corporation Counsel, for Michael A. Cardozo, Corporation Counsel, New York City Law Department, New York, NY, for Appellees.
SUMMARY ORDER
Plaintiff-appellant Jawan Akil Bey, pro se, appeals from the district court's judgment granting defendants' motion to dismiss his 42 U.S.C. § 1983 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 Rule 12(b)(6) of the Federal Rules of Civil Procedure, accepting as true the factual allegations in the complaint and drawing all reasonable inferences in the plaintiffs 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 review of the record in light of these principles, we affirm the district court's judgment for substantially the same reasons stated in the district court's decision and order. We have considered the appellant's arguments on appeal and find them to be without merit. Accordingly, the judgment of the district court is hereby AFFIRMED.