Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

John MECCA, Deborah Rae Lamb, Plaintiffs-Appellants, v. The UNITED STATES GOVERNMENT, and all its entities Federal, State, Local and including all direct and or indirect go

SUMMARY ORDER

Plaintiffs-Appellants John Mecca and Deborah Rae Lamb appeal from the October 4, 2006 Memorandum and Order of the United States District Court for the Eastern District of New York (Seybert, J.) dismissing their complaint sua sponte pursuant to Fed.R.Civ.P. 12(b)(6). Appellants also petitioned for a writ of mandamus, seeking to set an immediate, or substantially earlier, calendar date for oral argument in their appeal and seeking access to this Court's records concerning the denial of their previous motions to expedite their appeal. On July 13, 2007, this Court issued an order referring the mandamus petition to this panel. We assume the parties' familiarity with the facts, procedural history, and issues on appeal.

The district court dismissed the complaint because it was "replete with fantastic and delusional scenarios." We review such 12(b)(6) dismissals de novo, Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002), and conclude that Appellants' claims were properly dismissed for failure to state a colorable claim. See Denton v. Hernandez, 504 U.S. 25, 33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992).

Accordingly, the judgment of the district court dismissing Appellants' complaint is AFFIRMED, and Appellants' motion for a writ of mandamus is DENIED. Their motion to file a late reply brief is GRANTED, and all other outstanding motions in these cases are DENIED.

Use AI to get other relevant cases.

Comments

MECCA v. U.S. GOVERNMENT
(Aug 17, 2007)