Rivera v. Governor of New York

Second Circuit

Rivera v. Governor of New York

140 F. App'x 309

CourtCourt of Appeals for the Second Circuit

DecidedAugust 9, 2005

DocketDocket No. 04-6369CV

StatusPublished

This text of 140 F. App'x 309 (Rivera v. Governor of New York) 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.

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Rivera v. Governor of New York, 140 F. App'x 309 (2d Cir. 2005).

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SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the decision of the District Court is AFFIRMED.

Petitioner Vincent F. Rivera (“Rivera”), proceeding pro se, appeals an October 25, 2004 decision by District Court Judge Arthur D. Spatt of the Eastern District of New York. Petitioner’s appeal fails to raise any of the issues decided below by Judge Spatt. New arguments are not properly made for the first time on appeal, see Singleton v. Wulff, 428 U.S. 106, 120-21, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976), and Rivera’s failure to discuss in his brief any of the issues he raised in the district court requires that those issues be deemed abandoned, see LoSacco v. City of Middletown, 71 F.3d 88, 92-93 (2d Cir.1995). There are no claims for this court to review.

The judgment of the district court is AFFIRMED.

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SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the decision of the District Court is AFFIRMED.

Petitioner Vincent F. Rivera (“Rivera”), proceeding pro se, appeals an October 25, 2004 decision by District Court Judge Arthur D. Spatt of the Eastern District of New York. Petitioner’s appeal fails to raise any of the issues decided below by Judge Spatt. New arguments are not properly made for the first time on appeal, see Singleton v. Wulff, 428 U.S. 106, 120-21, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976), and Rivera’s failure to discuss in his brief any of the issues he raised in the district court requires that those issues be deemed abandoned, see LoSacco v. City of Middletown, 71 F.3d 88, 92-93 (2d Cir.1995). There are no claims for this court to review.

The judgment of the district court is AFFIRMED.

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140 F. App'x 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-governor-of-new-york-ca2-2005.

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