Testo completo
*Hon. William C. O’Kelley, U.S. District Judge for the Northern District of
Georgia, sitting by designation.
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 02-2266
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RICHARD J. MANIACI,
Appellant
v.
RICHARD NAFF, JOSEPH MASTRANGELO,
and TOWNSHIP OF MOUNT LAUREL
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On Appeal from the United States District Court
for the District of New Jersey
District Court Judge: Stephen M. Orlofsky
(D.C. Criminal No. 01-cv-01229)
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Submitted Under Third Circuit L.A.R. 34.1(a)
December 12, 2002
Before: FUENTES and STAPLETON, Circuit Judges,
and O’KELLEY,* District Judge.
(Opinion Filed: December 20, 2002)
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OPINION OF THE COURT
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FUENTES, Circuit Judge:
Plaintiff Richard Maniaci appeals the District Court’s grant of summary judgment to
Defendants Richard Naff, Joseph Mastrangelo, and Township of Mount Laurel. We have
jurisdiction under 28 U.S.C. § 1291.
The standard of review applicable to an order granting summary judgment is plenary.
Curley v. Klem, 298 F.3d 271, 276-77 (3d Cir. 2002). We apply the same test employed by
a district court under Federal Rule of Civil Procedure 56(c). See Kelley v. TYK Refractories
Co., 860 F.2d 1188, 1192 (3d Cir. 1988). Accordingly, the District Court’s grant of summary
judgment in favor of the Defendants was proper only if it appears that “there is no genuine
issue as to any material fact and that the moving party is entitled to a judgment as a matter of
law.” Fed. R. Civ. P. 56(c). In evaluating the evidence, we are required “to view the inferences
to be drawn from the underlying facts in the light most favorable to the party opposing the
motion.” Bartnicki v. Vopper, 200 F.3d 109, 114 (3d Cir. 1999).
We have carefully considered Maniaci’s arguments in this appeal and find that they lack
merit. For the reasons substantially stated in the District Court’s well-reasoned and thorough
opinion, we find that summary judgment was properly granted to Defendants. We therefore
affirm.
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/s/ Julio M. Fuentes
Circuit Judge
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