Opinion
No. 09-3751-pr.
March 17, 2011.
Appeal from judgment of the United States District Court for the Northern District of New York (Hurd, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the district court's judgment is AFFIRMED.
Andre Waul, pro se, White Plains, NY, for Appellant.
Victor Paladino, Assistant Solicitor General, for Eric T. Schneiderman, Attorney General of the State of New York; Barbara D. Underwood, Solicitor General; and Nancy A. Spiegel, Senior Assistant Solicitor General, Matthew J. Kelly, Roemer Wallens Gold Mineaux, LLP, Albany, NY, for Appellees.
PRESENT: RICHARD C. WESLEY, DENNY CHIN, and RAYMOND J. LOHIER, JR., Circuit Judges.
SUMMARY ORDER
Pro se Appellant Andre Waul appeals the district court's judgment granting defendants' motions for summary judgment and dismissing his § 1983 complaint. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We review a summary judgment order de novo and ask whether the district court properly concluded that there were no genuine issues of material fact and that the moving party was entitled to judgment as a matter of law. See Miller v. Wolpoff Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir. 2003). In determining whether there are genuine issues of material fact, we are "required to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom summary judgment is sought." Terry v. Ashcroft, 336 F.3d 128, 137 (2d Cir. 2003) (internal quotation marks omitted). However, "conclusory statements or mere allegations [are] not sufficient to defeat a summary judgment motion." Davis v. New York, 316 F.3d 93, 100 (2d Cir. 2002).
Having conducted an independent and de novo review of the record in light of these principles, we affirm the district court's judgment for substantially the same reasons stated by the magistrate judge in his thorough and well-reasoned report and recommendation. We have considered Waul's arguments on appeal and have found them to be without merit. Accordingly, the judgment of the district court is hereby AFFIRMED.