09-3174-pr
Adekoya v. Federal Bureau of Prisons
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER
FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF
APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER
IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN
ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY
ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
1 At a stated term of the United States Court of Appeals for
2 the Second Circuit, held at the Daniel Patrick Moynihan United
3 States Courthouse, 500 Pearl Street, in the City of New York, on
4 the 23rd day of June, two thousand ten.
5
6 PRESENT:
7 JOSEPH M. McLAUGHLIN,
8 GUIDO CALABRESI,
9 DEBRA ANN LIVINGSTON,
10 Circuit Judges.
11 _____________________________________
12
13 PRINCE A.Z.K. ADEKOYA II, also
14 known as PRINCE KAYODE ADEKOYA,
15
16 Plaintiff-Appellant,
17
18 v. 09-3174-pr
19
20 FEDERAL BUREAU OF PRISONS, (B.O.P.)
21 United States of America, MARVIN D.
22 MORRISON, Former Warden,
23 Metropolitan Correctional Center,
24 New York, JAMES CROSS, Warden,
25 Metropolitan Correctional Center,
26 New York, DR. BAZERMAN, Former
27 Chief Psychologist, Metropolitan
28 Correctional Center, New York, DR.
29 LIBRATI, Psychologist/DAP,
30 Metropolitan Correctional Center,
31 New York, DR. IMERI, Inmate
32 Companion Program Coordinator,
33 Metropolitan Correctional Center,
1 New York, DR. RYAN, Forensic
2 Psychologist, Metropolitan
3 Correctional Center, New York,
4 RUFUS WILLIAMS, Former Captain,
5 Metropolitan Correctional Center,
6 New York, M. WALKER, Lieutenant,
7 Metropolitan Correctional Center,
8 New York,
9
10 Defendants-Appellees.
11
12 _____________________________________
13
14
15 FOR PLAINTIFF-APPELLANT: Prince A.Z.K. Adekoya II, pro se,
16 New York, NY.
17
18 FOR DEFENDANTS-APPELLEES: Brandon H. Cowart, Assistant United
19 States Attorney (Sarah S. Normand,
20 Assistant United States Attorney,
21 on the brief), for Preet Bharara,
22 United States Attorney for the
23 Southern District of New York, New
24 York, NY.
25 Appeal from a judgment of the United States District Court
26 for the Southern District of New York (Buchwald, J.).
27 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND
28 DECREED that the judgment of the district court is AFFIRMED.
29 Appellant Prince A.Z.K. Adekoya II, proceeding pro se,
30 appeals the district court’s dismissal of his claims under Bivens
31 v. Six Unknown Named Agents of the Federal Bureau of Narcotics,
32 403 U.S. 388 (1971), and the Federal Tort Claims Act (“FTCA”), 28
33 U.S.C. §§ 1346(b), 2671 et seq. We assume the parties’
34 familiarity with the underlying facts, the procedural history of
35 the case, and the issues on appeal.
2
1 This Court reviews de novo a district court’s dismissal of a
2 complaint under Federal Rules of Civil Procedure 12(b)(1) and
3 12(b)(6), accepting as true the factual allegations in the
4 complaint and drawing all reasonable inferences in the
5 plaintiff’s favor. See Macias v. Zenk, 495 F.3d 37, 40 (2d Cir.
6 2007); Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d
7 Cir. 2006). In addition, we review de novo a district court’s
8 ruling on whether a plaintiff has exhausted his administrative
9 remedies as required by the Prison Litigation Reform Act
10 (“PLRA”). Ortiz v. McBride, 380 F.3d 649, 653 (2d Cir. 2004).
11 Here, an independent review of the record and relevant case
12 law reveals that the district court properly dismissed Adekoya’s
13 claims as unexhausted under the exhaustion requirements of the
14 FTCA and the PLRA. We affirm for substantially the same reasons
15 stated by the district court in its thorough June 18, 2009 order.
16 We have considered all of Appellant’s arguments and find
17 them to be without merit. Accordingly, we AFFIRM the judgment of
18 the district court.
19
20 FOR THE COURT:
21 Catherine O’Hagan Wolfe, Clerk
22
23
3