Opinion
No. 96-CV-6475.
February 9, 2005
DECISION AND ORDER
Pending before the Court is (1) a motion for reconsideration of the Court's denial of summary judgment and to appoint counsel (Docket #107); and (2) a request for a temporary restraining order. (Docket #109). The parties have consented to this Court having jurisdiction over all proceedings in this matter. (Docket #12). For the following reasons, both motions are denied. Motion for Reconsideration: On April 17, 2003, plaintiff filed objections to the Court's March 31, 2003 decision which granted defendants' summary judgment motion on the "front cuff" issue. (Docket #100). The Court treated those objections as a motion for reconsideration of the summary judgment decision, and denied that motion in a decision dated March 17, 2004. (Docket #106). Therefore, plaintiff's request for further reconsideration is denied.
Plaintiff also seeks reconsideration of the Court's denial of his motion to appoint counsel. As the Court set forth in its March 17th decision, based on the nature of the factual and legal issues involved in this case, as well as the plaintiff's ability to present his claims, appointment of counsel was not warranted. (Docket #106). There is no reason for the Court to change its ruling at this time, and therefore, plaintiff's motion for reconsideration as to the appointment of counsel is also denied. Plaintiff may renew his application at the trial date status conference for the appointment of trial counsel.
Motion for a Temporary Restraining Order: Plaintiff also moves for a temporary restraining order requesting, inter alia, that the Court have him transferred to another prison facility. However, an inmate has no constitutional right to be housed in a particular facility. See, e.g., Meriwether v. Coughlin, 879 F.2d 1037, 1047 (2d Cir. 1989) ("It is well established that the transfer of a prisoner from one institution to another does not invoke the protection of the Due Process Clause"); Matiyn v. Henderson, 841 F.2d 31, 34 (2d Cir.) ("As a general rule there is no constitutionally based liberty interest that entitles a prisoner to a hearing or any other safeguards before being transferred from one prison to another"), cert. denied, 487 U.S. 1220 (1988); Pugliese v. Nelson, 617 F.2d 916, 922 (2d Cir. 1980) ("where prison authorities have unfettered discretion to transfer prisoners from one institution to another, a prisoner's interest in avoiding transfer to an institution affording less favorable conditions is insufficient to qualify for due process protections"). Upon reviewing defendants' sworn statements submitted in opposition to plaintiff's motion, I am satisfied that the issues raised by plaintiff have been appropriately investigated by Superintendent McGinnis and that plaintiff is in no imminent danger of bodily harm. Therefore, plaintiff's motion for a temporary restraining order is denied.
Scheduling: This Decision and Order resolves all pending motions in this case. A trial date status conference will be held on March 2, 2005 at 10:00 a.m. to establish a day certain to begin the trial in this case.
SO ORDERED.