JAMES BUCKLEY, Plaintiff-Appellant, v. THOMAS A. COUGHLIN, III, Commissioner New York State Department of New York. Buckley v. Coughlin, - NEXTRECORD -, (2nd Cir. 2001)
Linked as:
Text
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.
At a stated Term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 12th day of October two thousand one.
Present: HONORABLE AMALYA L. KEARSE, HONORABLE ROGER J. MINER, HONORABLE FRED I. PARKER, Circuit Judges.
JAMES BUCKLEY, Plaintiff-Appellant, - v. - No. 99-0388
THOMAS A. COUGHLIN, III, Commissioner New York State Department of Correctional Services, JAMES RECORE, Director, TRC Programs New York State Department of Correctional Services, KENNETH COSKY, TRC Supervisor New York State Department of Correctional Services, BERT ROSS, Superintendent Arthurkill Correctional Facility & KATHY GERBING, Chairperson TRC Arthurkill Correctional Facility, Defendants-Appellees.
Appearing for Appellant: James Buckley pro se, Attica, N.Y.
Appearing for Appellees: Michael J. Keane, Ass't Att'y Gen., N.Y., N.Y.
Appeal from the United States District Court for the Eastern District of New York.
Buckley v. Coughlin, No. 99-0388
This cause came on to be heard on the record from the United States District Court for the Eastern District of New York, and was submitted by plaintiff pro se and by counsel for defendants.
ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed.
Plaintiff pro se James Buckley, a New York State prisoner, appeals from a judgment of the United States District Court for the Eastern District of New York, Joanna Seybert, Judge, dismissing his amended complaint which challenged defendants' refusal to grant him parole and/or temporary release. The district court dismissed on the ground, inter alia, that Buckley failed to show the existence of a liberty interest. On appeal, Buckley principally challenges the dismissal; he also contends that the district court erred in refusing to appoint counsel for him and in refusing to allow him to file a second amended complaint. We see no basis for reversal.
We affirm the dismissal of the action on its merits substantially for the reasons stated in Judge Seybert's Memorandum and Order dated May 14, 1999, adopting the Report and Recommendation of Magistrate Judge Steven M. Gold dated March 31, 1999. See also Barna v. Travis, 239 F.3d 169, 170-71 (2d Cir. 2001) (per curiam).
As to plaintiff's contention that the court should have granted his belated request to file a second amended complaint, we affirm that denial substantially for the reasons stated in Judge Seybert's Memorandum and Order dated December 29, 1997, adopting Magistrate Judge Gold's Report and Recommendation dated November 7, 1997. We see no abuse of discretion, see, e.g., Cresswell v. Sullivan & Cromwell, 922 F.2d 60, 72 (2d Cir.
1990); Tokio Marine & Fire Insurance Co. v. Employers Insurance of Wausau, 786 F.2d 101, 103 (2d Cir.
1986), in that decision.
Nor do we see any abuse of discretion in the court's refusal to appoint counsel to represent Buckley in this action. See generally Pena v. Choo, 826 F.2d 168, 168-69 (2d Cir. 1987) (per curiam); Hodge v. Police Officers, 802 F.2d 58, 60 (2d Cir. 1986); Miller v. Pleasure, 296 F.2d 283, 284-85 (2d Cir. 1961) (per curiam), cert. denied,
We have considered all of Buckley's arguments on this appeal and have found them to be without merit.
The judgment of the district court is affirmed.
- NEXTRECORD -
Sponsored links
This document cites
- U.S. Court of Appeals for the Second Circuit - James Barna & Jason B. Nicholas, for Themselves and on Behalf of all Others Similarly Situated, Plaintiffs-Appellants, v. Brion D. Travis, Chairperson, New York State Division of Parole, Vanessa Clarke, George E. King, S. Earl Eichelberger, Leo S. Levy, Marietta Gailor, Anthony Umina, Maria Rivera Buchanan, Irene Platt, Lawrence Ibsen, Henri Raffalli, Sean R. Mcsherry, Gabriel Pagan, Daniel Taureillo, Veronica Thomas, Israel Gonzalez, Mary Ellen Jones, Graber, Commissioner, New York State Division of Parole, George E. Pataki, Governor, State of New York, Paul Schectman, Director, New York State Division for Criminal Justice Services, Michael Hayden, Deputy Chief of Operations, New York State Division of Parole, Defendants-Appellees., 239 F.3d 169 (2nd Cir. 2001)
- U.S. Court of Appeals for the Second Circuit - Tokio Marine and Fire Insurance Company Limited and Kajima International, Inc., Plaintiffs-Appellees, v. Employers Insurance of Wausau, a Mutual Company, and Wausau Underwriters Insurance Company, Defendants-Appellants., 786 F.2d 101 (2nd Cir. 1986)
- U.S. Court of Appeals for the Second Circuit - Allen Hodge, Plaintiff-Appellant, v. Police Officers: Colon, # 623; and Repuerto, # 145, Defendants-Appellees., 802 F.2d 58 (2nd Cir. 1986)
- U.S. Court of Appeals for the Second Circuit - Bernardo Pena, Plaintiff-Appellant, v. Edward Choo, Special Agent, Jose Nieves, William Cook, Lt. Krantz, Sgt. Scher, P.O. Ortiz, P.O. Castro, P.O. Morelli, Special Agent Kelly, Special Agent Lee, and Bronx Narcotic Police Department, Defendants, Edward Choo, Special Agent, Special Agent Lee, and Agent Kelly, Defendants-Appellees., 826 F.2d 168 (2nd Cir. 1987)
- U.S. Court of Appeals for the Second Circuit - Edward Cresswell, Agriconsultants Incorporated, American Growth Properties Management Company Ltd., Eric Appleton, Befors Finance Ltd., John Bird, Nora Bird, Peter Burkhardt, Peter Byk, John A.L. Chettoe, David E. Cope, Dennis R. Dudeney, V.S. Dwivedi, Lars Feuk, Fletcher Investments Ltd., John H. Fletcher, Noel Fox, Stuart J. Gardiner, C.L. Gavzey, F. George, Kenneth E.F. George, Verity Anne Gibbons, Robert Grant, Polly Gregory, A.D. Harris, David G. Hart, John M. Hawkins, Patricia Hawkins, Spencer Hayes, Hilary Corporation, Inc., Anthony Hyde, Izrada, S.A., Gordon Walter James, Joval Investments Ltd., Jad Kabban, Philip J. Knight, Pierre Lamarche, Roger Landau, Andrew Lewis, Horace G. Lovegrove, James J. Mather, Malcolm Milton, Gregoire Mozdyniewicz, Collin David Parker, Pezco Overseas, Inc., John Pirie, Matthew H. Pridgeon, A. Remini, Julia A. Robin, Roger Y. Robin, Claudine Seikaly, John B. Shaw, Robert W. Shields, Sianplan Ltd., Reginald E. Silletto, Basilla L.W. Abel Smith, David F. Smith, Alec ...
See other documents that cite the same legislation
