J. Garvan Murtha, Senior District Judge of the United *

States District Court for the District of Vermont, sitting

by designation.

1

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 day of December, two thousand nine. th

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,
2

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 ___________________________