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Dibbs v. Roldan

United States Court of Appeals, Second Circuit
Nov 28, 2007
256 F. App'x 387 (2d Cir. 2007)

Opinion

No. 05-6807-cv.

November 28, 2007.

UPON DUE CONSIDERATION of this appeal from a judgment of the United States District Court for the Southern District of New York (Sprizzo, J.), it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court is AFFIRMED. Defendant-Appellee Pinner's motion to withdraw from the appeal is DISMISSED AS MOOT.

Stephen Dibbs, pro se, New York, N.Y., for Appellant.

Cecelia Chang, Assistant Solicitor General, for Andrew M. Cuomo, Attorney General of the State of New York (Barbara D. Underwood Benjamin N. Gutman, of counsel), New York, N.Y. for Appellees.

PRESENT: Hon. RALPH K. WINTER, Hon. WALKER, Hon. GUIDO CALABRESI, Circuit Judges.


SUMMARY ORDER

Stephen Dibbs appeals from a judgment of the United States District Court for the Southern District of New York entered on October 6, 2005. Judge Sprizzo dismissed Dibbs's complaint in its entirety for failure to state a claim upon which relief could be granted against any of the defendants.

We affirm, substantially for the reasons stated in the thorough and well-reasoned opinion of the court below. Insofar as the decision of the Supreme Court in Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005), may have raised new questions with respect to the applicability of the Rooker-Feldman doctrine to Dibbs's takings claim, the district court's conclusion is, in any case, fully supported by New York preclusion law. See Hoblock v. Albany County Bd. of Elections, 422 F.3d 77, 94 (2d Cir. 2005).

The judgment of the district court is AFFIRMED. Defendant-Appellee Pinner's motion to withdraw from the appeal is DISMISSED AS MOOT.


Summaries of

Dibbs v. Roldan

United States Court of Appeals, Second Circuit
Nov 28, 2007
256 F. App'x 387 (2d Cir. 2007)
Case details for

Dibbs v. Roldan

Case Details

Full title:Stephen DIBBS, Counter-Defendant, v. Paul A. ROLDAN, New York State…

Court:United States Court of Appeals, Second Circuit

Date published: Nov 28, 2007

Citations

256 F. App'x 387 (2d Cir. 2007)

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Dibbs v. Roldan

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