08-0438-pr
Coleman v. Sutton
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUMMARY ORDERS FILED
AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY THIS COURT’S LOCAL RULE 32.1 AND
FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF OR OTHER PAPER IN WHICH A LITIGANT
CITES A SUMMARY ORDER, IN EACH PARAGRAPH IN WHICH A CITATION APPEARS, AT LEAST ONE CITATION
MUST EITHER BE TO THE FEDERAL APPENDIX OR BE ACCOMPANIED BY THE NOTATION: “(SUMMARY ORDER).”
UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE WHICH IS PUBLICLY ACCESSIBLE
WITHOUT PAYMENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT HTTP://WWW.CA2.USCOURTS.GOV), THE
PARTY CITING THE SUMMARY ORDER MUST FILE AND SERVE A COPY OF THAT SUMMARY ORDER TOGETHER
WITH THE PAPER IN WHICH THE SUMMARY ORDER IS CITED. IF NO COPY IS SERVED BY REASON OF THE
AVAILABILITY OF THE ORDER ON SUCH A DATABASE, THE CITATION MUST INCLUDE REFERENCE TO THAT
DATABASE AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED.
1 At a stated term of the United States Court of Appeals
2 for the Second Circuit, held at the Daniel Patrick Moynihan
3 United States Courthouse, 500 Pearl Street, in the City of
4 New York, on the 10 th day of December, two thousand nine.
5
6 PRESENT: DENNIS JACOBS,
7 Chief Judge,
8 PETER W. HALL,
9 Circuit Judge,
10 J. GARVAN MURTHA,
11 District Judge. *
12
13 - - - - - - - - - - - - - - - - - - - -X
14 DERRICK COLEMAN,
15 Plaintiff-Appellant,
16
17 -v.- 08-0438-pr
18
19 DR. SUTTON, M.D., in his/her
20 individual and official capacity,
*
J. Garvan Murtha, Senior District Judge of the United
States District Court for the District of Vermont, sitting
by designation.
1
1 WELLBURN, R.N., in his/her individual
2 and official capacity,
3 Defendant-Appellees.
4
5 - - - - - - - - - - - - - - - - - - - -X
6
7 APPEARING FOR APPELLANT: Derrick Coleman, pro se, Pine
8 City, New York.
9
10 APPEARING FOR APPELLEES: Andrew M. Cuomo, Attorney
11 General of the State of New
12 York, Albany, New York; Barbara
13 D. Underwood, Andrea Oser, and
14 Rajit Dosanjh, Office of the
15 Attorney General, Albany, New
16 York.
17
18 Appeal from a judgment of the United States District
19 Court for the Western District of New York (Larimer, J.).
20
21 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED
22 AND DECREED that the judgment of the district court be
23 AFFIRMED.
24
25 Derrick Coleman appeals from the judgment of the
26 district court granting summary judgment to defendants
27 Reginald Sutton and Tamela Welburn. Coleman alleges that
28 defendants violated his First Amendment rights by
29 retaliating against him for raising oral complaints
30 regarding the medical care they provided him. We assume the
31 parties’ familiarity with the underlying facts, the
32 procedural history, and the issues presented for review.
33
34 We affirm for substantially the reasons stated in the
35 district court’s opinion. See Coleman v. Sutton, 530 F.
36 Supp. 2d 451 (W.D.N.Y. 2008).
37
38 Finding no merit in Coleman’s remaining arguments, we
39 hereby AFFIRM the judgment of the district court.
40
41 FOR THE COURT:
42 CATHERINE O’HAGAN WOLFE, CLERK
43 By:
44
45
46 ___________________________
2