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Perry v. Tindale

United States Court of Appeals, Second Circuit
Jun 18, 2007
226 F. App'x 69 (2d Cir. 2007)

Opinion

No. 06-4032-pr.

June 18, 2007.

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

Appeal from the United States District Court for the Southern District of New York (Colleen McMahon, Judge).

Kareem Shamel Perry, Elmira, NY, pro se.

Ronald E. Sternberg, Corporation Counsel of the City of New York (Michael A. Cardozo, Corporation Counsel, on the brief), New York, NY, for Defendant-Appellee.

PRESENT: Hon. AMALYA L. KEARSE, Hon. ROBERT D. SACK, Circuit Judges and Hon. RICHARD MILLS, District Judge.

The Honorable Richard Mills, United States District Judge for the Central District of Illinois, sitting by designation.


SUMMARY ORDER

Appellant Kareem Shamel Perry, pro se, appeals the dismissal of his civil action under 42 U.S.C. § 1983 for failure to state a claim. We assume the parties' familiarity with the facts of this case, its procedural history, and the issues on appeal.

We review the district court's dismissal de novo, accepting all allegations as true and making all reasonable inferences in favor of the pro se plaintiff. Here, the district court properly determined that Perry failed to allege that the defendant knew of and disregarded an excessive risk to Perry's health, see Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994), and the complaint was properly dismissed, see 28 U.S.C. § 1915(e)(2)(B)(ii).

For the foregoing reasons, the judgment of the district court is AFFIRMED.


Summaries of

Perry v. Tindale

United States Court of Appeals, Second Circuit
Jun 18, 2007
226 F. App'x 69 (2d Cir. 2007)
Case details for

Perry v. Tindale

Case Details

Full title:Kareem Shamel PERRY, Plaintiff-Appellant, v. RPA Celia TINDALE…

Court:United States Court of Appeals, Second Circuit

Date published: Jun 18, 2007

Citations

226 F. App'x 69 (2d Cir. 2007)