Michael LiVecche appealed the district court's dismissal of his civil rights complaint against Cattaraugus County and various county officials for failure to state a claim. The Second Circuit affirmed the dismissal, finding that LiVecche's claims were properly dismissed for the reasons stated by the district court. Co-plaintiff David Francis did not participate in the appeal, and his appeal was deemed abandoned.
Michael A. Livecche, Jr. And David Francis v. County of Cattaraugus Donald E. Furman, County Administrator Cattaraugus County Sheriff's Department Jerry Burrell Joseph Keller, Treasurer Bernard C. Miller, Real Property Tax Service Director Dustman, Under Sheriff Buckhardt, Deputy Sheriff Thomas Howard, Deputy Sheriff Does 1-5 Matson Auction and Real Estate Co., Auctioneer John/jane Doe 6, Referee William Gross Don Winship Richard A. Gowan, Jr. D. John Zimbardi Howard D. Zollinger Gary M. Felton Gerard J. Fitzpatrick Richard E. Haberer Larry G. Mack William A. Reynolds N.J. Augostin, Jr. Richard E. Vossler Benjamin J. Calabro Kenneth W. McClune Joseph K. Eade Marian E. Kramer Mary E. Berstein Charlotte M. McLaughlin Donald F. McClean Hobart Hall John T. Walgus Sandra W. Wyllie, County Legislators, Being Sued in Their Official And/or Private Capacities, Individually, Jointly, and Severally, 101 F.3d 682, 2d Cir. (1996)
Michael LiVecche appealed the district court's dismissal of his civil rights complaint against Cattaraugus County and various county officials for failure to state a claim. The Second Circuit affirmed the dismissal, finding that LiVecche's claims were properly dismissed for the reasons stated by the district court. Co-plaintiff David Francis did not participate in the appeal, and his appeal was deemed abandoned.
Michael LiVecche appealed the district court's dismissal of his civil rights complaint against Cattaraugus County and various county officials for failure to state a claim. The Second Circuit affirmed the dismissal, finding that LiVecche's claims were properly dismissed for the reasons stated by the district court. Co-plaintiff David Francis did not participate in the appeal, and his appeal was deemed abandoned.
AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23. Michael A. LIVECCHE, Jr. and David Francis, PlaintiffsAppellants, v. COUNTY OF CATTARAUGUS; Donald E. Furman, County Administrator; Cattaraugus County Sheriff's Department; Jerry Burrell; Joseph Keller, Treasurer; Bernard C. Miller, Real Property Tax Service Director; Dustman, Under Sheriff; Buckhardt, Deputy Sheriff; Thomas Howard, Deputy Sheriff; Does # 1-5; Matson Auction and Real Estate Co., Auctioneer; John/Jane Doe # 6, Referee; William Gross; Don Winship; Richard A. Gowan, Jr.; D. John Zimbardi; Howard D. Zollinger; Gary M. Felton; Gerard J. Fitzpatrick; Richard E. Haberer; Larry G. Mack; William A. Reynolds; N.J. Augostin, Jr.; Richard E. Vossler; Benjamin J. Calabro; Kenneth W. McClune; Joseph K. Eade; Marian E. Kramer; Mary E. Berstein; Charlotte M. McLaughlin; Donald F. McClean; Hobart Hall; John T. Walgus; Sandra W. Wyllie, County Legislators, being sued in their official and/or private capacities, individually, jointly, and severally, Defendants-Appellees. No. 95-9083.
United States Court of Appeals, Second Circuit.
April 12, 1996.
Appearing for Appellant: Michael A. LiVecche, Jr., Dayton, New York,
pro se, for Appellant LiVecche.
Appearing for Appellees: Joseph W. Dunbar, Damon & Morey, Buffalo, New York. W.D.N.Y. AFFIRMED. Before OAKES, WINTER and CALABRESI, Circuit Judges.
Michael LiVecche appeals from Judge Skretny's dismissal of his civil rights complaint for failure to state a claim. See Fed.R.Civ.P. 12(b)(6).
We review de novo a dismissal pursuant to Rule 12(b)(6). See, e.g., Sykes v.
James, 13 F.3d 515, 518-19 (2d Cir.1993), cert. denied, 114 S.Ct. 2749 (1994). We consider only those facts alleged in the complaint. Kopec v. Coughlin, 922 F.2d 152, 153 (2d Cir.1991). Dismissal pursuant to Rule 12(b)(6) is proper only if, accepting all the facts in the complaint as true, "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Easton v. Sundram, 947 F.2d 1011, 1015 (2d Cir.1991) (citing Conley v. Gibson, 355 U.S. 41, 45-46 (1957)), cert. denied, 112 S.Ct. 1943 (1992).
LiVecche's claims were properly dismissed. We therefore affirm for
substantially the reasons stated in the Decision and Order of the district court. See LiVecche v. County of Cattaraugus, No. 94-CV-373S (W.D.N.Y. Sept. 19, 1995).
Appellant David Francis, according to LiVecche's brief, "wished not to
participate in this appeal." Davis has not filed a brief or other papers indicating a desire to participate, and we therefore deem his appeal abandoned. See, e.g., LoSacco v. City of Middleton, 71 F.3d 88, 92 (2d Cir.1995).
Roger E. Williams Herber Hammon Beth Peterson Connell J. Bateman Jesse Beagley Benjamin G. Bistline James B. Blackmore Harold W. Blackmore Florence Blackmore Cyril Bradshaw Alma J. Burnham Claude S. Cooke Donald B. Cox Earline Cox Harvey J. Dockstader Leah K. Dockstader T. David Dockstader Boyd Dockstader Marko J. Dutson George Hammon Jacob Legrande Hammon Earl Johnson James M. Pipkin Cora Fischer Stubbs David L. Stubbs John Timpson Ray Timpson Don Timpson Fayila Maureen Blackmore Williams John M. Williams Charles Williams Thomas J. Williams Joyce Blackmore Ellen Boehmer Carol Anderson, and John and Jane Does 1 Through 1000 v. United Effort Plan, a Utah Trust Rulon T. Jeffs Fred M. Jessop Leroy S. Jeffs Parley J. Harker James K. Zitting Winston K. Blackmore Truman I. Barlow Individually and as Trustees for the United Effort Plan Trust, and the Fundamentalist Church of Jesus Christ of Latter-Day Saints, and City of Hildale, a Municipality City of Colorado City, a Municipality Washington
39 Fair Empl - Prac.cas. 1290, 39 Empl. Prac. Dec. P 35,810, 19 Fed. R. Evid. Serv. 1297 Almus Wilson v. City of Aliceville, 779 F.2d 631, 11th Cir. (1986)
Case Digest Basic Legal Ethics Subject in The Matter of The Petitions For Admission To The Bar of Unsuccessful Candidates of 1946 To 1953 ALBINO CUNANAN, ET AL., Petitioners (Resolution 18 March 1954)