Shahid v. The City of New York [Summ. Ord.] (2nd Cir. 2006)

Federal Circuits, 2nd Cir. (March 13, 2006)

Docket number: 05-4803

Permanent Link: http://vlex.com/vid/shahid-the-city-of-new-york-summ-ord-20208038
Id. vLex: VLEX-20208038

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US Code - Title 42: The Public Health and Welfare - 42 USC 1983 - Sec. 1983. Civil action for deprivation of rights

U.S. Court of Appeals for the 2nd Cir. - Pam Taylor, Plaintiff-Appellant, v. Vermont Department of Education, David S. Wolk, Commissioner, Vermont Department of Education, Addison Central Supervisory Union, John Murphy, Addison Central Supervisory Union Support Service Coordinator, Amy Brown, Addison Central Supervisory Union Learning Specialist, Addison Northeast Supervisory Union, Louise Acker, Addison Northeast Supervisory Union Special Education Representative, Weybridge School District, Christina Johnson, Principal, Weybridge Elementary School, Starksboro School District, and Mary Heins, Principal, Robinson Elementary School, Defendants-Appellees., 313 F.3d 768 (2nd Cir. 2002)

U.S. Court of Appeals for the 2nd Cir. - Anita Lerman and Angelo D'Angelo, Plaintiffs-Appellants, v. Board of Elections in the City of New York; Board of Elections of the State of New York; and George E. Pataki, Governor, Defendants-Appellees., 232 F.3d 135 (2nd Cir. 2000)

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Text:

UNIT ED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL

REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS

OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS

OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A

RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL

OR RES JUDICATA.

At a stated Term of the United States Court of Appeals for the Second Circuit, held at the

United States Courthouse, Foley Square, in the City of New York, on the 10th day of March, two

thousand six.

Present: HON . PIERRE N. LEVAL,

HON. ROBERT A. KATZMANN,

Circuit Judges.

HON. JANET BOND ARTERTON,*

District Judge.

ABDUS SHAHID, HALIMA ANSARI,

Plaintiffs-Appellants,

No. 05-4803

-v-

CITY OF NEW YORK,

Defendant-Appellee.

ABDUS SHAHID, pro se.

Appearing For Plaintiffs-Appellants:

Brooklyn, NY.

Appearing For Defendant-Appellee: AMY J. WEINBLATT, for Michael A.

Cardozo, Corporation Counsel of the City of New York, New York, NY.

Appeal from the United States District Court for the Eastern District of New York (Garaufis, J.).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.

Abdus Shahid and Halima Ansari, plaintiff-appellants, pro se, appeal from the dismissal of their 42U.S.C. § 1983 complaint by the United States District Court for the Eastern District of New York (Garaufis, J.). The parties' familiarity with the facts is assumed.

Construing any well-pleaded factual allegations in the complaint in the plaintiffs' favor, this Court affirms the dismissal because the plaintiffs can prove no set of facts in support of their claims, which would entitle them to relief. Taylor v. Vermont Dept. of Educ., 313 F.3d 768, 776 (2d Cir. 2002) (quoting, Lerman v. Bd. of Elections, 232 F.3d 135, 139-40 (2d Cir. 2000)). The magistrate's opinion expressed the determination that "even when liberally construed to name [Fernando] Maldonado, plaintiffs' complaint fails to state a claim upon which relief can be granted." We do not review that portion of the district court ruling because it is clear that Maldonado was not a defendant.

The judgment of the district court is AFFIRMED.

FOR THE COURT: ROSEANN B. MacKECHNIE, CLERK By:

* The Honorable Janet Bond Arterton, of the United States District Court for the District of Connecticut, sitting by designation.