Circuit Judges. SHERMAN GOLDSTEIN, Plaintiff-Appellant, v. STATE OF NEW YORK, STATE OF NEW YORK GRIEVANCE COMMITTEE, THE TENTH JUDICIAL DISTRICT, NEW YORK Goldstein v. State of New York Southern District of New York . (2nd Cir. 2005)
Federal Circuits, 2nd Cir. (November 24, 2005)
Docket number: 01-9017
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U.S. Court of Appeals for the 2nd Cir. - Alvin Trotman and Franklin Mitchell, Plaintiffs-Appellees, v. the Palisades Interstate Park Commission, Morgan Clark, John Doe Officers of the Palisades Interstate Park Commission 1-3, Defendants, Palisades Interstate Park Commission, Defendant-Appellant., 557 F.2d 35 (2nd Cir. 1977) Plaintiffs-Appellees, v. the Palisades Interstate Park Commission, Morgan Clark, John Doe Officers of the Palisades Interstate Park Commission 1-3, Defendants, Palisades Interstate Park Commission, Defendant-Appellant.
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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 10th day of May, Two Thousand Two.PRESENT: HONORABLE JOSEPH M. McLAUGHLIN, HONORABLE FRED I. PARKER, HONORABLE SONIA SOTOMAYOR, Circuit Judges.SHERMAN GOLDSTEIN, Plaintiff-Appellant, v. No. 01-9017STATE OF NEW YORK, STATE OF NEW YORK GRIEVANCE COMMITTEE, THE TENTH JUDICIAL DISTRICT, NEW YORK STATE OFFICE OF ATTORNEY GENERAL, LEGAL DEPT NYC, Defendants-Appellees.APPEARING FOR APPELLANT: Sherman Goldstein New York, NY APPEARING FOR APPELLEES: Constantine A. Speres (On Submission)State of New York New York, NY APPEARING FOR APPELLEE LEGAL DEPT NYC: Leonard Koerner (On Submission)New York City Law Department New York, NY Appeal from the United States District Court for the Goldstein v. State of New York Docket No. 01-9017Southern District of New York (Laura Taylor Swain, Judge).UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the decision of said District Court be and it hereby is AFFIRMED.Plaintiff-appellant Sherman Goldstein ("Goldstein") appeals from the judgment entered by the district court, granting defendants-appellees' motion to dismiss his § 1983 and Fourteenth Amendment due process claims on the grounds that (1) the claims against New York State were barred by the Eleventh Amendment, and (2) Goldstein did not plead any facts supporting a cause of action in his claims against the city. Goldstein v. State of New York, slip op., (S.D.N.Y. August 7, 2001).The district court was correct to conclude that it lacked subject matter jurisdiction, see Trotman v. Palisades Interstate Park Comm'n 557 F.2d 35, 40 (2d Cir. 1977); Dube v. State Univ.Of New York, 900 F.2d 587, 594-95 (2d Cir. 1990), and correctly ruled no claim was pled against the City or any responsible individual. Goldstein's principal argument on appeal is that the state of New York is not immune from suit. He is incorrect. The case law Goldstein cites on appeal pertains to claims brought under the Education of the Handicapped Act or the Americans with Disabilities Act. Goldstein has not raised a claim under either of these acts. Therefore, this argument is without merit.Goldstein v. State of New York Docket No. 01-9017We have considered Goldstein's other arguments and find them to be without merit.We therefore affirm for substantially the same reasons set forth by the district court.For the reasons set forth above, the judgment of the district court is AFFIRMED.FOR THE COURT, Roseann B. MacKechnie, Clerk By: Lucille Carr, Operations ManagerTry vLex for FREE for 3 days
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