Wilson v. Office of the Attorney General of N.Y.

U.S. Court of Appeals for the Second Circuit September 27, 2004

Wilson v. Office of the Attorney General of N.Y., 109 F. App'x 476 (2d Cir. 2004)

Opinion of the Court

SUMMARY ORDER

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

Plaintiff-Appellant Donna Faye Wilson brought suit alleging a host of civil rights violations. The district court (Scullin, C.J.) dismissed Wilson’s complaint with prejudice for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B).

Although dismissals with prejudice under 28 U.S.C. § 1915 are disfavored, there are some unusual circumstances where they are appropriate. This case, for the reasons given by the district court, represents one such instance. We have consid*477ered all of Plaintiffs claims and find them to be without merit. The district court’s judgment is therefore AFFIRMED.

Reference

Full Case Name: Donna Faye WILSON v. OFFICE OF THE ATTORNEY GENERAL OF N.Y. and City of Syracuse, in care of: Mayor Matthew Driscoll at City Hall (offices and subdivisions specified and named in the claim), St. Joseph's Hospital Health Center, a Syracuse City Public Hospital (in care of Hospital Administration)
Status: Published