Posr v. Ueberbacher

569 F. App'x 32

• Court: Court of Appeals for the Second Circuit
• Decided: June 17, 2014
• Docket: 13-2707
• Status: Unpublished

Opinion

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.

Appellant Posr A. Posr, proceeding pro se, appeals the district court’s dismissal of his complaint upon Appellees’ motion for summary judgment on the majority of his claims and judgment on the pleadings as to his remaining claims. We assume familiarity with the facts and underlying proceedings.

We review de novo district court grants of summary judgment and judgment on the pleadings. See Bank of N.Y. v. First Millennium, Inc., 607 F.3d 905, 914, 922 (2d Cir.2010). Summary judgment is appropriate only where “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Id. at 914 (internal quotation marks omitted). We are “required to resolve all ambiguities and draw all factual inferences in favor of the [nonmovant].” Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 202 (2d Cir.1995). In order to survive a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), a complaint “must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Bank of N.Y., 607 F.3d at 922 (internal quotation marks omitted).

Here, an independent review of the record and relevant case law reveals that the district court properly granted summary judgment and judgment on the pleadings. We affirm for substantially the same rea sons stated by the district court in its June 8, 2013 opinion and order.

We have considered Posr’s remaining arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.