Gonzales v. Jones , 443 F. App'x 615 ( 2011 )


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  • 10-697-pr
    Gonzales v. Jones et al.
    UNITED STATES COURT OF APPEALS
    FOR THE SECOND CIRCUIT
    SUMMARY ORDER
    RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY
    ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL
    RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING
    A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE
    FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER").
    A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT
    REPRESENTED BY COUNSEL.
    At a stated term of the United States Court of Appeals
    for the Second Circuit, held at the Daniel Patrick Moynihan
    United States Courthouse, 500 Pearl Street, in the City of New
    York, on the 25th day of October, two thousand eleven.
    PRESENT:
    AMALYA L. KEARSE,
    PIERRE N. LEVAL,
    DENNY CHIN,
    Circuit Judges.
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    PATRICK GONZALES,
    Plaintiff-Appellant,
    -v.-                                  10-697-pr
    R.C. NOWAK, MEDICAL DOCTOR EMERGENCY ROOM
    AT PHELPS MEMORIAL HOSPITAL ASSOCIATION,
    Defendant,
    MARIE JONES, REGISTERED NURSE WHO WORKED
    3-11 SHIFT AT SING SING CORRECTIONAL
    FACILITY HOSPITAL 2-20-04, JOHN PERILLI,
    JOHN DOE, NCS/EMG TECHNICIAN THAT MADE
    ASSESSMENT OF INJURY ON 6/09/2004, HANSEN,
    NURSE ADMINISTRATOR 3-11 SHIFT AT SING-SING
    CORRECTIONAL FACILITY HOSPITAL 2-20-04 DAY
    OF ACCIDENT, JOHN DOE, HMO, THAT DENIED
    PLAINTIFF HIS RIGHT TO BE TREATED FOR
    CARPAL TUNNEL SYNDROME, ETC. ECT., STEVEN
    C. WEINSTEIN, THE ONE THAT MADE ASSESSMENT
    OF INJURY ON 6/9/04, as NCS/EMG TECHNICIAN,
    PAUL NOWAK,
    Defendants-Appellees.
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    FOR PLAINTIFF-APPELLANT:      PATRICK GONZALES, pro se, Wallkill,
    New York.
    FOR DEFENDANTS-APPELLEES:     SUDARSANA SRINIVASAN, Assistant
    Solicitor General (Barbara D.
    Underwood, Solicitor General,
    Michael S. Belohlavek, on the
    brief), for Eric T. Schneiderman,
    Attorney General of the State of
    New York, New York, New York.
    Appeal from the United States District Court for the
    Southern District of New York (Preska, C.J.).
    UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,
    AND DECREED that the judgment of the district court is AFFIRMED.
    Plaintiff-appellant Patrick Gonzales, proceeding pro
    se, appeals from the district court’s February 17, 2010 judgment
    granting defendants-appellees' motion for summary judgment and
    dismissing his amended complaint.    Gonzales sued pursuant to 42
    U.S.C. § 1983 alleging deliberate indifference to his health in
    violation of the Eighth Amendment.    We assume the parties'
    familiarity with the underlying facts, the procedural history of
    the case, and the issues on appeal.
    We review an order granting summary judgment de novo
    and ask whether the district court properly concluded that there
    were no genuine issues of material fact and that the moving party
    was entitled to judgment as a matter of law.    See Miller v.
    Wolpoff & Abramson, L.L.P., 
    321 F.3d 292
    , 300 (2d Cir. 2003).       In
    determining whether there are genuine issues of material fact, we
    are "'required to resolve all ambiguities and draw all
    permissible factual inferences in favor of the party against whom
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    summary judgment is sought.'"   Terry v. Ashcroft, 
    336 F.3d 128
    ,
    137 (2d Cir. 2003) (quoting Stern v. Trs. of Columbia Univ. in
    City of New York, 
    131 F.3d 305
    , 312 (2d Cir. 1997)).   "[R]eliance
    upon conclusory statements or mere allegations is not sufficient
    to defeat a summary judgment motion."   Davis v. New York, 
    316 F.3d 93
    , 100 (2d Cir. 2002) (internal citations omitted).
    We have conducted an independent review of the record
    in light of these principles.   We affirm the district court’s
    judgment for substantially the reasons stated by the magistrate
    judge in his report and recommendation and by the district court
    in its decision and order.   The magistrate judge and district
    court correctly concluded that the undisputed evidence precludes
    a finding that the defendants acted with the requisite culpable
    state of mind in treating Gonzales’s hypoglycemia and carpal
    tunnel syndrome.   See Salahuddin v. Goord, 
    467 F.3d 263
    , 280 (2d
    Cir. 2006) ("In medical-treatment cases [alleging an Eighth
    Amendment violation] not arising from emergency situations, the
    official's state of mind need not reach the level of knowing and
    purposeful infliction of harm; it suffices if the plaintiff
    proves that the official acted with deliberate indifference to
    inmate health." (internal citation omitted)).   On appeal,
    Gonzales does not identify sufficient evidence to raise a genuine
    issue of fact as to whether defendants acted with deliberate
    indifference.
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    We have considered appellant's other arguments on
    appeal and have found them to be without merit.   Accordingly, the
    judgment of the district court is hereby AFFIRMED.
    FOR THE COURT:
    CATHERINE O'HAGAN WOLFE, CLERK
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