No. 10-2781-pr.United States Court of Appeals, Second Circuit.
November 14, 2011.
PRESENT: John M. Walker, Jr., Robert A. Katzmann, Richard C. Wesley, Circuit Judges.
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FOR PLAINTIFF-APPELLANT: Edward C. Baker, pro se, Ogdensburg, N.Y.
FOR DEFENDANTS-APPELLEES: Thomas K. Murphy, Albany, N.Y.
Appeal from a judgment of the United States District Court for the Northern District of New York (Kahn, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Appellant Edward C. Baker, proceeding pro se, appeals from the district court’s dismissal of his complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). 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 the district court’s dismissal of a complaint under Federal Rule of Civil Procedure 12(b)(6), “construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiff’s favor.” Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002). The complaint must plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). Although all allegations contained in the complaint are assumed to be true, this tenet is “inapplicable to legal conclusions.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). A claim will have “facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id.
We have conducted an independent and de novo review of the record in light of these principles. We affirm for substantially the same reasons stated by the district court in its June
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23, 2010 memorandum decision and order.
We have considered all of Baker’s remaining arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.
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