Court of Appeals for the Second Circuit January 13, 2009, No. 07-4104-cv (Boss v. Kelly)

SUMMARY ORDER

Plaintiff Raymond Kelly appeals from a judgment entered August 28, 2007, 2007 WL 2412261, dismissing his complaint with prejudice for failure to state a claim. We assume the parties’ familiarity with the facts, procedural history, and specification of issues on appeal.

We review the grant of a motion to dismiss pursuant to Fed.R.CivJP.