06-4270-cv

W a t k in s v. United States Postal Office

05-cv-588

Trager, J.

E.D.N.Y.

REVISED

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

R U L IN G S BY SUM M A R Y O R D E R DO N O T HAVE PRECEDENTIAL EFF E C T . CITATION TO SUM M A R Y O R D E R S FILED AFTER

J A N U A R Y 1, 2007, IS PERMITTED AND IS GOVERNED BY THIS COURT'S LOC A L RULE 32.1 A N D FED E R A L RULE OF APPE L LA T E

P R O C E D U R E 32.1. IN A BRIEF OR OTHER PAPER IN WH IC H A LITIGANT CITES A SUMM A R Y ORDER , IN EA C H PA R AG R AP H IN

W H I C H A CITATION APPEARS, A T LE A ST O N E C IT A TIO N M U S T EIT H E R B E T O TH E FED E R A L APPENDIX O R BE ACCOM P A N I E D

B Y T H E N O T A TIO N : "(SUMM A R Y ORDER

O R D E R TOGETHER WITH THE PAPER IN WHICH THE SUMMARY ORDER IS C IT E D O N ANY PARTY NOT REPRESENTED BY

C O U N S E L U N LE SS TH E S U M M AR Y ORD ER IS A VA ILA B LE IN AN EL EC TR O N IC D A T A B A S E W H I C H IS PU B L I C L Y AC C E S S I B L E

(SUCH AS THE DATABASE AVAILABLE AT HTTP://W W W . C A 2 . U S C O U R T S . G O V /

W IT H O U T PAYMENT O F FEE CO PY IS

S E R V E D BY R E A S O N O F T H E A V A IL AB IL IT Y O F T H E O R D E R O N SUCH A DATABASE , THE CITATION MUST INCLUDE REFERENCE T O THAT DATABASE AND TH E DOCKET NUM B E R OF THE CASE IN WH IC H THE ORD E R WAS ENTERED At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 1st day of November, two thousand and seven. PRESENT: HON. WILFRED FEINBERG, HON. SONIA SOTOMAYOR, HON. RICHARD C. WESLEY, Circuit Judges. Kevin Watkins, Plaintiff-Appellant, -v.- SUMMARY ORDER No. 06-4270-cv United States Postal Service, Defendant-Appellee. Kevin Watkins, pro se, New York, NY Appearing for Plaintiff-Appellant: Appearing for Defendant-Appellee: Zachary A. Cunha, Assistant United States Attorney (Varun i Nelson, Assistant United States Attorney, on the brief), Eastern District of New York, Brooklyn, NY UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED.

Appellant Kevin Watkins, pro se, appeals from an August 15, 2006 judgment of the United States District Court for the Eastern District of New York (Trager, J.) granting summary judgment to appellee United States Postal Service, and dismissing appellant's claims. We presume the parties' familiarity with the facts and procedural history of the case.

This Court reviews a district court's grant of summary judgment de novo. New York v. Nat'l Serv. Indus., 460 F.3d 201, 206 (2d Cir. 2006). "[S]ummary judgment is appropriate where there exists no genuine issue of material fact and, based on the undisputed facts, the moving party is entitled to judgment as a matter of law." D'Amico v. City of New York, 132 F.3d 145, 149 (2d Cir. 1998); see also Fed. R. Civ. P. 56(c).

Having reviewed the record, we agree with the district court that the appellee did not improperly withhold any documents responsive to the appellant's Freedom of Information Act request. For the reasons stated by the district court, we conclude that there are no genuine issues of material fact warranting a trial on appellant's claims, and such claims are without merit.

Therefore, we hold that appellant's claims were properly dismissed.

Accordingly, the judgment of the district court is affirmed.

FOR THE COURT: Catherine O'Hagan Wolfe, Clerk By: