Opinion
No. 05-5703-cv.
September 24, 2007.
Appeal from a judgment of the United States District Court for the Southern District of New York (Deborah A. Batts, Judge).
UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is hereby AFFIRMED.
APPEARING FOR APPELLANT: ALLAN D. CURRAN, pro se, Yonkers, NY.
FOR APPELLEES: SUSAN PAULSON, Kelley Drye Warren LLP, New York, NY, for Defendant-Appellee Teachers Retirement System of the City of New York. CHRISTOPHER CALLAGY, New York State United Teachers, New York, NY (James R. Sandner, on the brief; Neil J. Dudich, of counsel), for Defendant-Appellee United Federation of Teachers.
PRESENT: ROGER J. MINER, JOSÉ A. CABRANES, CHESTER J. STRAUB, Circuit Judges.
Plaintiff-appellant Allan D. Curran appeals pro se from a District Court judgment dismissing his complaint with prejudice. Curran alleges that defendants discriminated against him on the basis of sex by using sex-neutral mortality tables to calculate his retirement benefits. As relief, he asks this Court to reexamine and reverse two Supreme Court decisions validating the use of gender-neutral mortality tables. See City of Los Angeles, Dep't of Water and Power v. Manhart, 435 U.S. 702 (1978) and Arizona Governing Comm. for Tax Deferred Annuity and Deferred Compensation Plans v. Norris, 463 U.S. 1073 (1983). We assume the parties' familiarity with the facts and the procedural history of the case.
We review a district court's denial of a motion to dismiss de novo, "accepting as true the material facts alleged in the complaint and drawing all reasonable inferences in plaintiff['s] favor." Iqbal v. Hasty, 490 F.3d 143, 152 (2d Cir. 2007) (internal quotation marks omitted). Reviewing the record and the relevant law, we detect no error in the District Court's July 26, 2005 Memorandum and Order.
Accordingly, we AFFIRM the judgment of the District Court, substantially for the reasons stated by Judge Batts in her Memorandum and Order of July 26, 2005.