No. 09-3174-pr.United States Court of Appeals, Second Circuit.
June 23, 2010.
Appeal from a judgment of the United States District Court for the Southern District of New York (Buchwald, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of the district court isAFFIRMED.
Prince A.Z.K. Adekoya II, New York, NY, pro se.
Brandon H. Cowart, Assistant United States Attorney (Sarah S. Normand, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.
PRESENT: JOSEPH M. MCLAUGHLIN, GUIDO CALABRESI, DEBRA ANN LIVINGSTON, Circuit Judges.
Appellant Prince A.Z.K. Adekoya II, proceeding pro se, appeals the district court’s dismissal of his claims unde Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619
(1971), and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671 et seq. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
This Court reviews de novo a district court’s dismissal of a complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), accepting as true the factual allegations in the complaint and drawing all reasonable inferences in the plaintiffs favor. See Macias v. Zenk, 495 F.3d 37, 40
(2d Cir. 2007); Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006). In addition, we review de novo a district court’s ruling on whether a plaintiff has exhausted his administrative remedies as required by the Prison Litigation Reform Act (“PLRA”). Ortiz v. McBride, 380 F.3d 649, 653 (2d Cir. 2004).
Here, an independent review of the record and relevant case law reveals that the district court properly dismissed Adekoya’s claims as unexhausted under the exhaustion requirements of the FTCA and the PLRA. We affirm for substantially the same reasons stated by the district court in its thorough June 18, 2009 order. We have considered all of Appellant’s arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.