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361 F. App'x 227

James v. Alvarez

U.S. Courts of Appeals

Decided January 19, 2010

U.S. Courts of Appeals · decided 2010-01-19

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Holcomb v. Iona College · Nationwide Life Insurance Company v. Bankers Leasing Association Inc Hearst/abc Viacom Entertainment Services · Rivera v. Heyman

Decided 2010-01-19

¶1 SUMMARY ORDER

¶2 Plaintiff-appellant Michael James (“James” or “plaintiff’) appeals pro se from the March 31, 2008 final judgment of the District Court adopting the February 14, 2008 Report and Recommendation (“R & R”) of Magistrate Judge Lois Bloom and granting the defendants’ motion for summary judgment and for judgment on the pleadings in plaintiffs actions alleging violations of his constitutional rights and asserting claims under 42 U.S.C. § 1983. We assume the parties’ familiarity with the underlying facts, procedural history, and issues on appeal.

¶3 We review de novo the District Court’s decision to grant summary judgment and, in the course of that review, we resolve ambiguities and draw all permissible factual inferences in favor of the nonmoving party. See, e.g., Holcomb v. Iona College, 521 F.3d 130, 137 (2d Cir.2008); Nationwide Life Ins. Co. v. Bankers Leasing Ass’n, 182 F.3d 157, 160 (2d Cir.1999). We also review de novo the District Court’s granting of judgment on the pleadings. See, e.g., Rivera v. Heyman, 157 F.3d 101, 103 (2d Cir.1998).

¶4 We have considered each of plaintiffs arguments on appeal and, substantially for the reasons stated in the District Court’s March 31, 2008 well-reasoned memorandum and order, Nos. 05-cv-5992, 06-ev-3007, Dkt. Entry of Mar. 31, 2008, adopting the Magistrate Judge’s R & R, we find *228 them to be without merit. The District Court did not err in granting defendants’ motions for summary judgment on the pleadings and dismissing plaintiffs actions.

¶5 CONCLUSION

¶6 Accordingly, we Affirm the judgment of the District Court.

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