Allan A. Kimya v. U.S. Customs Service

Circuit Judges. ALLEN A. KIMYA, Plaintiff-Appellant, v. UNITED STATES CUSTOMS SERVICE,, (2nd Cir. 2002)

Federal Circuits

Docket Number: 01-6128

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RESJUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of N ew York, on the 18th day of June, two thousand and two.

PRESENT:

ROGER J. MINER JOSÉ A. CABRANES ROSEMARY S. POOLER Circuit Judges.

ALLEN A. KIMYA, Plaintiff-Appellant, v. N o. 01-6128

UNITED STATES CUSTOMS SERVICE, Defendant-Appellee, Allen A. Kimya, pro se, New York, NY.

APPEARING FOR APPELLANT:

APPEARING FOR APPELLEE: Russell M. Yankwitt and Jeffrey Oestericher, Assistant United States Attorneys (James B. Comey, United States Attorney for the Southern District of New York, of counsel), New York, N Y.

Appeal from a judgment by the United States District Court for the Southern District of New York (Michael B. Mukasey, Chief Judge).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED , ADJUDGED , AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.

Allen A. Kimya, pro se, appeals from the District Court's sua sponte dismissal with prejudice for failure to state a claim of Kimya's complaint against the United States Customs Service for its alleged wrongful seizure of a rug. Having reviewed all of Kimya's contentions on this appeal and finding in them no grounds for reversal, we AFFIRM the judgment of the District Court substantially for the reasons stated in Judge Mukasey's opinion.

For the Court, Roseann B. MacKechnie, Clerk by