Gelin v. Lehman College

Second Circuit

Gelin v. Lehman College

91 F. App'x 197

CourtCourt of Appeals for the Second Circuit

DecidedMarch 31, 2004

DocketDocket No. 03-7905

StatusPublished

This text of 91 F. App'x 197 (Gelin v. Lehman College) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gelin v. Lehman College, 91 F. App'x 197 (2d Cir. 2004).

Pincite

Opinion

SUMMARY ORDER

Appellant Ernest Gelin, pro se, appeals the district court’s judgment granting the motion of Lehman College and City College of the City University of New York to dismiss his civil rights complaint. Familiarity with the facts is assumed.

This Court reviews de novo a district court’s decision to grant a motion to dismiss, accepting all factual allegations as true and drawing all reasonable inferences in favor of the non-moving party. See Mason v. Am. Tobacco Co., 346 F.3d 36, 39 (2d Cir.2003). A district court’s application of the principles of res judicata will be reviewed de novo by this Court. See Boguslavsky v. South Richmond Sec., Inc., 225 F.3d 127, 129-30 (2d Cir.2000). The adjudication of a claim on the merits precludes its relitigation in a subsequent proceeding. See Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir.2002). The dismissal of a claim as time-barred amounts to a merit-based adjudication for the purposes of res judicata analysis. See Plaut v. Spendthrift Farm, Inc., 514 U.S. 211, 228, 115 S.Ct. 1447, 131 L.Ed.2d 328 (1995).

The magistrate judge’s Report & Recommendation thoroughly reviewed Gelin’s complaint. An independent review of the record and relevant case law reveals that the district court was correct to dismiss Gelin’s complaint and there are no errors in the magistrate judge’s analysis.

For the foregoing reasons, the judgment of the district court is AFFIRMED.

Free access — add to your briefcase to read the full text and ask questions with AI

SUMMARY ORDER

Appellant Ernest Gelin, pro se, appeals the district court’s judgment granting the motion of Lehman College and City College of the City University of New York to dismiss his civil rights complaint. Familiarity with the facts is assumed.

This Court reviews de novo a district court’s decision to grant a motion to dismiss, accepting all factual allegations as true and drawing all reasonable inferences in favor of the non-moving party. See Mason v. Am. Tobacco Co., 346 F.3d 36, 39 (2d Cir.2003). A district court’s application of the principles of res judicata will be reviewed de novo by this Court. See Boguslavsky v. South Richmond Sec., Inc., 225 F.3d 127, 129-30 (2d Cir.2000). The adjudication of a claim on the merits precludes its relitigation in a subsequent proceeding. See Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir.2002). The dismissal of a claim as time-barred amounts to a merit-based adjudication for the purposes of res judicata analysis. See Plaut v. Spendthrift Farm, Inc., 514 U.S. 211, 228, 115 S.Ct. 1447, 131 L.Ed.2d 328 (1995).

The magistrate judge’s Report & Recommendation thoroughly reviewed Gelin’s complaint. An independent review of the record and relevant case law reveals that the district court was correct to dismiss Gelin’s complaint and there are no errors in the magistrate judge’s analysis.

For the foregoing reasons, the judgment of the district court is AFFIRMED.

Cite This Page — Counsel Stack

Bluebook (online)

91 F. App'x 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelin-v-lehman-college-ca2-2004.

Opinion

Related

Cite This Page — Counsel Stack