United States Second Circuit

In a 42 U.S.C. section 1983 action contending that defendant state prison officials violated plaintiff's federal due process rights and seeking appointment of appellate counsel under 28 U.S.C. section 1915(e)(1), the motion for appointment of counsel is denied and the appeal is dismissed as frivolous where plaintiff implicitly waived his right to attend the his disciplinary hearing by refusing to attend after receiving notice and being given an opportunity to attend.

Appellate Information

• Decided 10/05/2015
• Published 10/05/2015

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel