Coleman v. Sutton

Full title: Derrick COLEMAN, Plaintiff-Appellant, v. Dr. SUTTON, M.D., in his/her…

Court: United States Court of Appeals, Second Circuit

Date published: Dec 10, 2009

355 F. App'x 566 (2d Cir. 2009)

Opinion

No. 08-0438-pr.

December 10, 2009.

Appeal from a judgment of the United States District Court for the Western District of New York (Larimer, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.

Derrick Coleman, Pine City, NY, pro se. Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Andrea Oser, and Rajit Dosanjh, Office of the Attorney General, Albany, NY, for Appellees.

PRESENT: DENNIS JACOBS, Chief Judge, PETER W. HALL, Circuit Judge and J. GARVAN MURTHA, District Judge.^_

_ J. Garvan Murtha, Senior District Judge of the United States District Court for the District of Vermont, sitting by designation.

SUMMARY ORDER

Derrick Coleman appeals from the judgment of the district court granting summary judgment to defendants Reginald Sutton and Tamela Welburn. Coleman alleges that defendants violated his First Amendment rights by retaliating against him for raising oral complaints regarding the medical care they provided him. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.

We affirm for substantially the reasons stated in the district court's opinion. See Coleman v. Sutton, 530 F.Supp.2d 451 (W.D.N.Y. 2008).

Finding no merit in Coleman's remaining arguments, we hereby AFFIRM the judgment of the district court.