Burrowes v. Combs
Opinion of the Court
SUMMARY ORDER
AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED.
Plaintiff-Appellant Kirk Burrowes (“Burrowes”) appeals from the March 22, 2004 judgment entered upon a March 11, 2004 opinion and order of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) dismissing Burrowes’s amended complaint. We assume familiarity with the facts of this case, its procedural history, and the issues on appeal.
We review the District Court’s dismissal of the complaint de novo. Rothman v. Gregor, 220 F.3d 81, 88 (2d Cir. 2000). We “accept[] all allegations in the complaint as true and draw[ ] all inferences in favor of the plaintiff.” ICOM Holding, Inc. v. MCI Worldcom, Inc., 238 F.3d 219, 221 (2d Cir. 2001).
Civil RICO claims are subject to a “four-year statute of limitations.” Tho Dinh Tran v. Alphonse Hotel Corp., 281 F.3d 23,
For substantially the reasons stated by the District Court, we hold that Burrowes’s amended complaint fails to allege any cognizable RICO injury occurring within the relevant limitations period.
We have considered Plaintiff-Appellant’s arguments and find them to be without merit. Accordingly, the judgment of the District Court is hereby AFFIRMED.
. In light of our holding that the RICO claims are time-barred, we need not reach the District Court’s alternative finding that Burrowes failed to properly allege any RICO claims.
Reference
- Full Case Name
- Kirk BURROWES v. Sean COMBS, also known as Puff Daddy, also known as Puffy, also known as P Diddy, also known as Sean John, Kenneth Meisalas, Bad Boy Entertainment, Inc.
- Cited By
- 4 cases
- Status
- Published