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UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

S U M M A R Y O R D E R

THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 12th day of April, one thousand nine hundred and ninety-six.

Present: HONORABLE JAMES L. OAKES,

HONORABLE RALPH K. WINTER,

HONORABLE GUIDO CALABRESI,

Circuit Judges .

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MICHAEL A. LIVECCHE, JR. and

DAVID FRANCIS,

Plaintiffs-Appellants ,

- v. - No. 95-9083

COUNTY OF CATTARAUGUS; DONALD E. FURMAN,

County Administrator; CATTARAUGUS COUNTY

SHERIFF'S DEPARTMENT; JERRY BURRELL;

JOSEPH KELLER, Treasurer; BERNARD C. MILLER,

Real Property Tax Service Director; DUSTMAN,

Under Sheriff; BUCKHARDT, Deputy Sheriff;

THOMAS HOWARD, Deputy Sheriff; DOES #1-5;

MATSON AUCTION AND REAL ESTATE CO., Auctioneer;

JOHN/JANE DOE #6, Referee; WILLIAM GROSS;

DON WINSHIP; RICHARD A. GOWAN, JR.; D. JOHN

ZIMBARDI; HOWARD D. ZOLLINGER; GARY M. FELTON;

GERARD J. FITZPATRICK; RICHARD E. HABERER;

LARRY G. MACK; WILLIAM A. REYNOLDS; N. J.

AUGOSTINI, JR.; RICHARD E. VOSSLER; BENJAMIN

J. CALABRO; KENNETH W. MCCLUNE; JOSEPH K. EADE;

MARIAN E. KRAMER; MARY E. BERSTEIN; CHARLOTTE M.

MCLAUGHLIN; DONALD F. MCCLEAN; HOBART HALL;

JOHN T. WALGUS; SANDRA W. WYLLIE, County Legislators,

being sued in their official and/or private

capacities, individually, jointly, and severally,

Defendants-Appellees .

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Appearing for Appellant: Michael A. LiVecche, Jr., Dayton, New York, pro se , for Appellant

LiVecche.

Appearing for Appellees: Joseph W. Dunbar, Damon & Morey, Buffalo, New York.

Appeal from the United States District Court for the Western District of New York (Skretny, Judge).

This cause came to be heard on the transcript of record from the United States District Court for the Western District of New York and was submitted.

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said District Court be and it hereby is affirmed.

Michael LiVecche appeals from Judge Skretny's dismissal of his civil rights complaint for failure to state a claim. See Fed. R. Civ. P. 12(b)(6).

We review de novo a dismissal pursuant to Rule 12(b)(6). See , e.g. , Sykes v. James , 13 F.3d 515, 518-19 (2d Cir. 1993), cert. denied , 114 S. Ct. 2749 (1994). We consider only those facts alleged in the complaint. Kopec v. Coughlin , 922 F.2d 152, 153 (2d Cir. 1991). Dismissal pursuant to Rule 12(b)(6) is proper only if, accepting all the facts in the complaint as true, "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Easton v. Sundram , 947 F.2d 1011, 1015 (2d Cir. 1991) (citing Conley v. Gibson , 355 U.S. 41, 45-46 (1957)), cert. denied , 112 S. Ct. 1943 (1992).

LiVecche's claims were properly dismissed. We therefore affirm for substantially the reasons stated in the Decision and Order of the district court. See LiVecche v. County of Cattaraugus , No. 94-CV-373S (W.D.N.Y. Sept. 19, 1995).

Appellant David Francis, according to LiVecche's brief, "wished not to participate in this appeal." Davis has not filed a brief or other papers indicating a desire to participate, and we therefore deem his appeal abandoned. See , e.g. , LoSacco v. City of Middleton , 71 F.3d 88, 92 (2d Cir. 1995).

Affirmed.