Opinion
No. 10-1077-pr.
June 3, 2011.
Appeal from a judgment of the United States District Court for the Northern District of New York (Strom, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.
Wesley Vaughn, Dannemora, NY, pro se.
Owen Demuth, Assistant Solicitor General, Nancy A. Spiegel, Senior Assistant Solicitor General, for Barbara D. Underwood, New York State Office of the Attorney General, Albany, NY, for Appellees.
SUMMARY ORDER
Wesley Vaughn appeals from a judgment of the United States District Court for the Northern District of New York (Strom, J.), granting defendants-appellees summary judgment on his claim that he was denied due process at a prison disciplinary hearing. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.
"We review orders granting summary judgment de novo and determine whether the district court properly concluded that there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law." Davis v. New York, 316 F.3d 93, 99-100 (2d Cir. 2002). "[R]eliance upon conclusory statements or mere allegations is not sufficient to defeat a summary judgment motion." Id. at 100.
For substantially the reasons stated by the district court, we affirm the grant of summary judgment in favor of appellees on Vaughn's due process claim. Vaughn v. Nichols, No. 9:02-CV-1512, 2010 WL 681409, at *3-*6 (N.D.N.Y. Feb.24, 2010). "Although prison inmates necessarily have their liberty severely curtailed while incarcerated, they are nevertheless entitled to certain procedural protections when disciplinary actions subject them to further liberty deprivations. . . ." Sira v. Morton, 380 F.3d 57, 69 (2d Cir. 2004). Here, resolving all ambiguities and drawing all factual inferences in Vaughn's favor, Davis, 316 F.3d at 100, we conclude that Vaughn's allegations do not rise to the level of a due process violation.
Finding no merit in Vaughn's remaining arguments, we hereby AFFIRM the judgment of the district court.