AMAKER v. KELLEY, 399 Fed.Appx. 688 (2nd Cir. 2010)

Anthony AMAKER, Plaintiff-Appellant, v. T. KELLEY, J. Landry, P.T. Justine, T.G. Egan, D.A. Senkowski, M. Allard, R. Girdich, G.S. Goord, J. Wood, Doctor I. Ellen, J. Mitchell, H. Worley, Doctor L.N. Wright, S. Nye, M. McKinnon, R. Rivers, L. Coryer, A. Pavone, L. Cayea, D. Armitage, J. Carey, P.W. Annetts, R. Rivera, E. Aiken, S. Gideon, R. Lincoln, D. Linsley, CO. Gordon, J. Reyell, D. Champagne, J. Kelsh, W. Carter, F. Bushey, Cho Phillip, Cho Drom, A.J. Annucci, L.J. Leclair, D. Laclair, T.L. Ricks, A. Boucaud, H. Perry, B. Baniler, R. Lamora, E. Liberty, G. Ronsom, R. Maynard, C. Daggett, D. Selsky, K.M. Lapp, R. Sears, J. Babbie, Sgt. Champagne, Doctor K. Lee, R. Vaughan, M. Nisoff, Defendants-Appellants,

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O. Mayo, Defendant.[*]

No. 09-1007-pr.United States Court of Appeals, Second Circuit.
November 8, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

[*] The Clerk of the Court is directed to amend the official caption of this action to conform to the caption listed above.

Appeal from a February 10, 2009, judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Judge).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of the District Court beAFFIRMED.

Anthony Amaker, pro se, Pine City, NY, for Plaintiff-Appellant.

Julia Sheridan, Assistant Solicitor General (Andrew M. Cuomo, Attorney General, Barabara D. Underwood, Solicitor General, and Nancy. A Spiegel, Senior Assistant Solicitor General, on the brief), Office of the Attorney General, State of New York, Albany, NY, for Defendants-Appellees.

PRESENT: JOSÉ A. CABRANES, DENNY CHIN, Circuit Judges, STEFAN R. UNDERHILL, District Judge.[**]

[**] The Honorable Stefan R. Underhill, of the United States District Court for the District of Connecticut, sitting by designation.

SUMMARY ORDER
Incarcerated plaintiff-appellant Anthony Amaker, proceedin pro se, appeals from the grant of a motion for summary judgment in favor of defendants, fifty-six employees of the New York State Department of Corrections, on Amaker’s 42 U.S.C. § 1983 claims. Amaker’s complaint, liberally construed, alleges that defendants’ conduct while Amaker was incarcerated at Clinton Correctional Facility and Upstate Correctional Facility violated his rights under the First, Fourth, Eighth, and Fourteenth Amendments to the United States Constitution. We assume the parties’ familiarity with the underling facts, procedural history, and issues on appeal.

We review de novo the decision of the District Court to grant summary judgment and will affirm, only if the record, viewed in the light most favorable to the nonmoving party (here, Amaker), reveals no genuine issue of material fact. See
Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) Redd v. Wright, 597 F.3d 532, 535-36 (2d Cir. 2010). Having conducted a de novo review, we hold, for substantially the reasons stated by the District Court, see Amaker v. Kelley, No. 01-CV-877, 2009 WL 385413
(N.D.N.Y. Feb. 9, 2009) (adopting the Report and Recommendation of the Magistrate Judge in its entirety), that — to the extent that Amaker’s complaint contains well-pleaded allegations against defendants at all — defendants are entitled to summary judgment as a matter of law.

CONCLUSION
We have considered each of Amaker’s arguments on appeal and find them to be without merit. For the reasons stated above, weAFFIRM the judgment of the District Court.

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