Abbas v. Kelly, 04-6219
In prisoner civil rights action alleging physical assaults on him, dismissal of complaint as untimely is affirmed as: 1) although the district court erred by not providing plaintiff with notice and the opportunity to be heard on his tolling arguments, remand would be futile since plaintiff had notice and opportunity to be heard on those arguments in subsequent district court proceedings; and 2) plaintiff's tolling arguments are without merit.
- Decided 02/28/2007
- Published 02/28/2007
- UNDERHILL, District Judge., Before: LEVAL and STRAUB, Circuit Judges, and UNDERHILL, District Judge.
- United States Second Circuit
- For Appellant:
- Erin G. Holt, Wilmer Cutler Pickering Hale & Dorr, LLP (Christopher J. Meade, David A. O'Neil, on the brief), New York, NY, for appellant., Andrea Oser, Assistant Solicitor General (Martin A. Hotvet, Assistant Solicitor General, of counsel; Eliot Spitzer, Attorney General of the State of New York, on the brief), Albany, NY, for amicus curiae.