DePonceau v. Pataki

DECISION AND ORDER

LARIMER, District Judge.

INTRODUCTION

Plaintiffs have filed this pro se action seeking relief under 42 U.S.C. § 1983 (Docket No. 1) and have paid the filing fee. For the reasons discussed below, the complaint is dismissed with prejudice.

DISCUSSION

A. The Complaint

In evaluating the complaint, the Court must accept as true all factual allegations and must draw all inferences in plaintiffs favor. See King v. Simpson, 189 F.3d 284, 287 (2d Cir.1999). Dismissal is not appropriate “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim…