RICHARD GRIFFIN, Plaintiff-Appellant, v. THE CITY OF BINGHAMTON, ROBERT C. MURPHY,, (2nd Cir. 2001)

Docket Number: 00-7795

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER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 19th day of June two thousand one.

Present: HONORABLE AMALYA L. KEARSE, HONORABLE CHESTER J. STRAUB, HONORABLE ROBERT D. SACK, Circuit Judges.

RICHARD GRIFFIN, Plaintiff-Appellant, - v. - No. 00-7795

THE CITY OF BINGHAMTON, ROBERT C. MURPHY, Defendants-Appellees.

Appearing for Appellant: Richard Griffin pro se, Binghamton, N.Y.

Appearing for Appellees: James A. Sacco, Binghamton, N.Y.

Appeal from the United States District Court for the Northern District of New York.

This cause came on to be heard on the record from the United States District Court for the Northern District of New York, and was argued by plaintiff pro se and submitted 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 substantially for the reasons stated in Judge Mordue's Memorandum-Decision and Order dated September 8, 1999. Plaintiff, then represented by counsel, failed to adduce any evidence, inter alia, that the position he sought was one that the appointing authority filled or wished to fill. We also see no error in the district court's denial of leave to amend; the proposed amended complaint submitted to the court also lacked any allegation that the position plaintiff sought was one that the appointing authority filled or wished to fill.

We have considered all of plaintiff's contentions on this appeal and have found them to be without merit.

The judgment of the district court is affirmed.