Michael E. KENNEDY, Plaintiff-Appellant, v. NCO GROUP, INC.; NCO Financial Systems, Defendants-Appellees, 530 F. App'x 277

Affirmed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. 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-eon-clusory 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, 127 S.Ct. 1955, 167 L.Ed.2d 929 (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).