United States Second Circuit

In a prisoner civil rights action, district court order dismissing plaintiff's suit is affirmed where: 1) the court did not abuse its discretion in denying adjournment and transfer as plaintiff failed to demonstrate that his concerns about detention were objectively reasonable, and should have raised his concerns about the detention before the jury was sworn; 2) the court did not abuse its discretion in dismissing plaintiff's case after plaintiff refused to testify; and 3) application of the Drake factors supports dismissal.

Appellate Information

• Decided 04/28/2009
• Published 04/28/2009

Judges

• Before:  CABRANES and RAGGI, Circuit Judges, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Teddy Lewis, Plaintiff-Appellant, pro se.


• For Appellees:
  
• Victor Paladino, Assistant Solicitor General (Barbara D. Underwood, Solicitor General;  Andrea Oser, Deputy Solicitor General, and Peter H. Shiff, Senior Counsel, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, New York, for Defendant-Appellees.