Michael E. Kennedy v. Nco Group, Inc.; Nco Financial Systems

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1240
MICHAEL E. KENNEDY,
Plaintiff – Appellant,
v.
NCO GROUP, INC.; NCO FINANCIAL SYSTEMS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. James K. Bredar, District Judge.
(1:12-cv-02659-JKB)
Submitted: June 20, 2013 Decided: June 25, 2013
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael Edward Kennedy, Appellant Pro Se. Erin O’Brien Millar,
WHITEFORD, TAYLOR & PRESTON, LLP, Baltimore, Maryland; Michael
David Slodov, SESSIONS FISHMAN NATHAN & ISRAEL, LLC, Chagrin
Falls, Ohio, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael E. Kennedy appeals the district court’s order
granting the Defendants’ motion to dismiss Kennedy’s civil
complaint for failure to state a claim. Fed. R. Civ. P.
12(b)(6). We review de novo a district court’s dismissal for
failure to state a claim, “assuming all well-pleaded,
non-conclusory factual allegations in the complaint to be true.”
Aziz v. Alcolac, Inc., 658 F.3d 388, 391 (4th Cir. 2011); see
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007)
(identifying standard for stating a claim). Having done so, we
affirm the judgment of the district court, agreeing that each of
Kennedy’s claims is either factually or legally deficient.* We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
* We decline to review the first, second, and fifth issues
in Kennedy’s informal brief because they are based on arguments
not made to the district court in the first instance. See
Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993).

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