Duran v. Carris

Plaintiff-appellant Arthur Duran appeals the district court’s order granting defendants’ motion to dismiss his second amended complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). We exercise jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. 1

I

Because, in his brief, plaintiff failed to provide this court with a complete recitation of the underlying facts of this case, the following depiction of the factual background is gleaned from the district court’s order, Mr. Duran’s second amended complaint, and defendants’ brief. In 1995,…