FERNANDEZ v. CHERTOFF

Docket No. 05-0426-cv.

471 F.3d 45 (2006)

Edwin F. FERNANDEZ, Plaintiff-Appellant, v. Michael CHERTOFF, Secretary, Department of Homeland Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 5, 2006.


Attorney(s) appearing for the Case

Richard Merritt, Lindenhurst, NY, for Plaintiff-Appellant.

Steven M. Warshawsky, Assistant United States Attorney for the Eastern District of New York (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Varuni Nelson, Assistant United States Attorney, on the brief), Brooklyn, NY, for Defendant-Appellee.

Before: MINER, KEARSE, and HALL, Circuit Judges.


MINER, Circuit Judge.

Plaintiff-appellant Edwin F. Fernandez ("Fernandez") appeals from a judgment of the United States District Court for the Eastern District of New York (Gleeson, J.) dismissing his Complaint against defendant-appellee Michael Chertoff, as Secretary of the Department of Homeland Security ("Department"), for failure to state a claim upon which relief can be granted. Fernandez, who is of Puerto Rican ethnicity, commenced this action pro se...

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