Collazo v. Pagano, No. 09-4650 (2d Cir. 2011)
Annotate this CasePlaintiff, an inmate in Great Meadow Correctional Facility, originally filed suit pro se against three Great Meadow employees, alleging pursuant to 42 U.S.C. 1983, that he was improperly denied access to medically-prescribed therapeutic diets, resulting in violations of his Eighth Amendment right to due process. After plaintiff's in forma pauperis status was revoked, plaintiff paid the filing fee so that he could proceed with his case. Subsequently, the district court, relying on a Report & Recommendation prepared by a magistrate, granted defendant's motion for summary judgment and dismissed the suit. Plaintiff, now represented by counsel, appealed the revocation of his in forma pauperis status, as well as the decision of the district court to grant summary judgment to one of the defendants. The court held that, based on the court's recent opinion in Mills v. Fischer, that any action against a prosecutor for initiating a prosecution or for presenting the prosecution's case that was dismissed sua sponte on the ground of absolute prosecutorial immunity was deemed "frivolous" for purposes of 28 U.S.C. 1915(g). The court held that the remainder of plaintiff's arguments on appeal were without merit. Accordingly, the judgment was affirmed.
This opinion or order relates to an opinion or order originally issued on September 2, 2011.
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