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Michtavi v. New York Daily News

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Submitted: October 23, 2009

Before: JACOBS, Chief Judge, KEARSE, Circuit *fn1 Judge, and GARDEPHE, District Judge.

Shemtov Michtavi, pro se, alleges defamation and intentional infliction of emotional distress based on news reports, published by the New York Daily News and the Polish Daily News, that Michtavi, who is incarcerated, planned to cooperate with prosecutors. Michtavi appeals from the judgment of the United States District Court for the Southern District of New York (Sand, J.) dismissing the complaint for failure to state a claim on which relief could be granted, under Fed. R. Civ. P. 12(b)(6). Michtavi v. New York Daily News, No. 06-Civ-8260, 2008 U.S. Dist. LEXIS 24997, *2-5 (S.D.N.Y. Mar. 12, 2008). The district court held that the reports could not be defamatory under New York law, and we agree.

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