Court of Appeals for the Second Circuit April 11, 2003, Docket No. 02-7982 (Holland v. New York)

SUMMARY ORDER

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

Plaintiff David Holland appeals from a judgment of the United States District Court for the Eastern District of New York (Gershon, Judge), dismissing his complaint pursuant to Fed.R.Civ.P. 12(h)(3) for lack of subject matter jurisdiction.