Boss v. Kelly

SUMMARY ORDER

Plaintiff Raymond Kelly appeals from a judgment entered August 28, 2007, 2007 WL 2412261, dismissing his complaint with prejudice for failure to state a claim. We assume the parties’ familiarity with the facts, procedural history, and specification of issues on appeal.

We review the grant of a motion to dismiss pursuant to Fed.R.CivJP. 12(b)(6) de novo, “construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiffs favor.” Goldstein v. Pataki, 516 F.3d 50, 56 (2d Cir.2008) (internal quotation…