Dolce v. Suffolk County

599 F. App'x 15

• Court: Court of Appeals for the Second Circuit
• Decided: April 1, 2015
• Docket: 14-883
• Status: Unpublished

Opinion

SUMMARY ORDER

Appellant Nicholas Dolce, pro se, appeals from the judgment of the United States District Court for the Eastern District of New York (Bianco, J.), granting summary judgment in favor of Suffolk County. Dolce alleged two unnamed Suffolk County corrections officers used excessive force against him in violation of his constitutional rights. He brought suit under. 42 U.S.C. § 1983. The district court granted summary judgment in favor of Suffolk County because it concluded Dolce failed to: exhaust administrative remedies; allege an unlawful policy or custom by the County; and name or serve any individual defendant, despite having been afforded leave to amend and provided with information from the County to allow him to do so. See Valentin v. Dinkins, 121 F.3d 72 (2d Cir.1997) (per curiam). We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

“We review the district court’s grant of summary judgment de novo, applying the same standards that govern the district court’s consideration of the motion.” Summa v. Hofstra Univ., 708 F.3d 115, 123 (2d Cir.2013) (internal quotation marks omitted). “Summary judgment is appropriate where there are no genuine disputes concerning any material facts, and where the moving party is entitled to judgment as a matter of law.” Id. (internal quotation marks omitted). “We resolve all ambiguities and draw all reasonable inferences in the light most favorable to the nonmoving party.” Id.

An independent review of the record and relevant case law reveals that the district court properly granted summary judgment, and we affirm for the reasons stated by the district court.

For the foregoing reasons, and finding no merit in Dolce’s arguments presented on appeal, we hereby AFFIRM the judgment of the district court.