Oparaji v. Atlantic Container Line

08-5522-cv
Oparaji v. Atlantic Container Line
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 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
2 for the Second Circuit, held at the Daniel Patrick Moynihan
3 United States Courthouse, 500 Pearl Street, in the City of
4 New York, on the 2 nd day of February, two thousand ten.
5
6 PRESENT:
7 PIERRE N. LEVAL,
8 RICHARD C. WESLEY,
9 Circuit Judges,
10 JOHN GLEESON, *
11 District Judge.
12
13
14 Maurice Oparaji,
15
16 Plaintiff-Appellant,
17
18 v. 08-5522-cv
19
20 Atlantic Container Line,
21
22 Defendant-Cross-Claimant-Appellee,
23
24 Penbroke Marine Services, Inc.,
25
26 Defendant-Cross-Defendant-Appellee.
27 _____________________________________________
*
The Honorable John Gleeson, of the United States
District Court for the Eastern District of New York, sitting
by designation.
1 APPEARING FOR APPELLANT: M AURICE O PARAJI, pro se,
2 Rosedale, NY.
3
4 APPEARING FOR APPELLEES: P AUL M. K EANE (Joseph DeMay,
5 Jr., of counsel)
6 Cichanowicz, Callan, Keane,
7 Vengrow & Textor, L.L.P.,
8 New York, NY (for Atlantic
9 Container Line);
10
11 G ARTH S. W OLFSON, Mahoney &
12 Keane, L.L.P., New York, NY
13 (for Penbroke Marine
14 Services).
15
16
17 Appeal from a judgment and order of the United States
18 District Court for the Southern District of New York (Lynch,
19 J.).
20
21 UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED,
22 AND DECREED that the judgment and order of the district
23 court are AFFIRMED.
24
25 Appellant Maurice Oparaji, pro se, appeals the grant of
26 the Appellees’ motions for summary judgment by the United
27 States District Court for the Southern District of New York
28 (Lynch, J.), dismissing his complaint alleging breach of
29 contract, defamation, and other state law claims, as well as
30 the district court’s denial of his motions for
31 reconsideration and vacatur under Federal Rule of Civil
32 Procedure 60(b). We assume the parties’ familiarity with
33 the underlying facts, the procedural history of the case,
34 and the issues on appeal.
2
1 As a preliminary matter, because Oparaji fails to
2 challenge on appeal the district court’s dismissal of his
3 claims apart from breach of contract, we deem those claims
4 abandoned. See LoSacco v. City of Middletown, 71 F.3d 88,
5 92-93 (2d Cir. 1995). Although we have jurisdiction to
6 review the district court’s order denying his two motions,
7 Oparaji has not raised any substantive arguments on appeal
8 with respect to those motions; we need not address the
9 district court’s order. See id.10 We review the grant of summary judgment de novo and
11 inquire whether the district court properly concluded that
12 there was no genuine issue as to any material fact and the
13 moving party was entitled to judgment as a matter of law.
14 See Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 300
15 (2d Cir. 2003). In determining whether there are genuine
16 issues of material fact, we are “required to resolve all
17 ambiguities and draw all permissible inferences in favor of
18 the party against whom summary judgment is sought.” Terry
19 v. Ashcroft, 336 F.3d 128, 137 (2d Cir. 2003)(internal
20 quotation marks omitted).
21 Even construing, as we must, all the facts in Oparaji’s
22 favor, the district court properly granted the Appellees’
3
1 motions for summary judgment. We affirm the district
2 court’s judgment for substantially the same reasons as those
3 set forth in the court’s thorough and well-reasoned opinion.
4 We have considered Oparaji’s remaining claims and find them
5 to be without merit.
6 For the foregoing reasons, the judgment and order of the
7 district court are hereby AFFIRMED.
8
9 FOR THE COURT:
10 Catherine O’Hagan Wolfe, Clerk
11
12
4