Narrative Opinion Summary
Vincent R. Terio, representing himself, appeals the dismissal of his complaint by the United States District Court for the Southern District of New York, issued on September 29, 2006, for lack of subject matter jurisdiction and failure to state a claim under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The appellate court conducts a de novo review of such dismissals, accepting all factual allegations in the complaint as true and drawing inferences in favor of the plaintiff. A dismissal under Rule 12(b)(1) occurs when the court lacks the power to adjudicate the case. After reviewing the record, the appellate court agrees with the District Court's rationale for dismissal. Consequently, the judgment of the District Court is affirmed.
Legal Issues Addressed
Affirmation of District Court's Judgmentsubscribe to see similar legal issues
Application: After reviewing the record, the appellate court affirms the district court's dismissal of the complaint.
Reasoning: After reviewing the record, the appellate court agrees with the District Court's rationale for dismissal. Consequently, the judgment of the District Court is affirmed.
Dismissal for Failure to State a Claim under Rule 12(b)(6)subscribe to see similar legal issues
Application: The appellate court conducts a de novo review and finds that the complaint failed to state a claim upon which relief can be granted, affirming the district court's dismissal.
Reasoning: Vincent R. Terio, representing himself, appeals the dismissal of his complaint by the United States District Court for the Southern District of New York, issued on September 29, 2006, for lack of subject matter jurisdiction and failure to state a claim under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Dismissal for Lack of Subject Matter Jurisdiction under Rule 12(b)(1)subscribe to see similar legal issues
Application: The appellate court agrees with the district court that the case was correctly dismissed for lack of subject matter jurisdiction, as the court lacked the power to adjudicate the case.
Reasoning: A dismissal under Rule 12(b)(1) occurs when the court lacks the power to adjudicate the case.
Standard of Review for Dismissalsubscribe to see similar legal issues
Application: The appellate court reviews dismissals under Rules 12(b)(1) and 12(b)(6) de novo, accepting all factual allegations as true and drawing inferences in favor of the plaintiff.
Reasoning: The appellate court conducts a de novo review of such dismissals, accepting all factual allegations in the complaint as true and drawing inferences in favor of the plaintiff.