U.S. Court of Appeals for the Second Circuit, 2010

Simmons v. Simpson

Simmons v. Simpson
U.S. Court of Appeals for the Second Circuit · Decided May 14, 2010 · Newman, Walker, Lynch
377 F. App'x 75

Simmons v. Simpson

Opinion

SUMMARY ORDER

Appellant David Simmons, proceeding pro se, appeals from a judgment of the United States District Court for the District of Connecticut (Chatigny, J.) granting Appellees’ motion for summary judgment and dismissing Appellant’s 42 U.S.C. § 1983 complaint. We assume the parties’ familiarity with the underlying facts and procedural history of the case.

This Court reviews orders granting summary judgment de novo and determines whether the district court properly concluded there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law. See Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 202-03 (2d Cir. 1995). “Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (internal quotation marks omitted).

Having reviewed Appellant’s contentions on appeal and the record of proceedings below, we affirm for substantially the same reasons stated by the district court in its opinion. We have considered all of Appel *76 lant’s arguments and find them to be without merit.

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

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