LeBron v. Armitage
Opinion
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Plaintiff-Appellant Elvin LeBron, proceeding pro se, appeals from the district court’s sua sponte dismissal of several claims in his 42 U.S.C. § 1983 amended complaint. LeBron also appeals from the district court’s grant of summary judgment to the Defendants-Appellees on his remaining claims. We assume the parties’ familiarity with the underlying facts, procedural history of the case, and issues on appeal.
Reviewing the decisions below de novo, we conclude that the district court’s disposition of each of LeBron’s claims was proper. With respect to the dismissal of several of LeBron’s claims pursuant 'to 28 U.S.C. § 1915(e)(2)(B)(ii), we affirm substantially for the reasons stated in the district court’s orders. See LeBron v. Armitage, No. 08-cv-508, (N.D.N.Y. Sept. 23, 2009 & Mar. 25, 2010). With respect to the grant of summary judgment of the remainder of LeBron’s claims, we affirm substantially for the reasons stated in Magistrate Judge Baxter’s thorough report and recommendation, which the district court adopted over LeBron’s timely objection. See LeBron v. Armitage, No. 08-cv-508, 2011 WL 4566439 (N.D.N.Y. Sept. 29, 2011), adopting LeBron v. Armitage, No. 08-cv-508, 2011 WL 4566445 (N.D.N.Y. July 19, 2011) (report and recommendation). We have considered all of LeBron’s remaining arguments and find them to be without merit.
For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.
Reference
- Full Case Name
- Elvin LeBRON, Plaintiff-Appellant, v. Lt. D. ARMITAGE, Lt. D. Dresser, Lt. J. Rock, Lt. D. Bushey, Lt. H. Maynard, Lt. J. Miller, Lt. D.J. LaClair, Capt. R.J. Minogue, Capt. J. Bell, Capt. D. Uhler, Capt. J. Facteau, D.S.P. L.L. Turner, D.S.A. P.M. Knapp, D.S.S. J. Tedford, D.S.S. S. Racette, F.D.S. W.J. Hulihan, Supt. D.A. Artus, v. Fonda, I.G. Dir. of Ops, I.G. R.D. Roy, W.M. Gonzales, Deputy Counsel, K.S. Perlman, Deputy Comm. of Programs, D. Selsky, Dir. of S.H./Inmate Disc. Program, L.J. LeClaire, Jr., Deputy Comm., A.J. Anucci, Ex Deputy Comm. and Counsel, G.S. Goord, Comm., B.S. Fischer, Comm., Drown, Hearing Officer, DeClario, Employee Assistant, Liberty, Defendants-Appellees
- Status
- Unpublished