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Bey v. City of New York

United States Court of Appeals, Second Circuit
Mar 31, 2011
416 F. App'x 122 (2d Cir. 2011)

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.

PRESENT: ROBERT D. SACK, GERARD E. LYNCH, Circuit Judges, LORETTA A. PRESKA, Chief District Judge.

Chief Judge Loretta A. Preska, of the United States District Court for the Southern District of New York, sitting by designation.


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.


Summaries of

Bey v. City of New York

United States Court of Appeals, Second Circuit
Mar 31, 2011
416 F. App'x 122 (2d Cir. 2011)

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.

stating that "res judicata applies to pro se plaintiffs"

Summary of this case from Penades v. Republic of Ecu
Case details for

Bey v. City of New York

Case Details

Full title:Jawan Akil BEY, Plaintiff-Appellant, v. The CITY OF NEW YORK, The City of…

Court:United States Court of Appeals, Second Circuit

Date published: Mar 31, 2011

Citations

416 F. App'x 122 (2d Cir. 2011)

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