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143 F. App'x 399

Walker v. Briggs

U.S. Courts of Appeals

Decided September 23, 2005

U.S. Courts of Appeals · decided 2005-09-23

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Decided 2005-09-23

¶1SUMMARY ORDER

¶2At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, at Foley Square, in the City of New York, on the 23rd day of September, two thousand and five.

¶3UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and it hereby is AFFIRMED.

¶4Plaintiff pro se Tommy Walker appeals from a judgment, entered March 25, 2004, dismissing his 42 U.S.C. § 1983 action after a bench trial held before Magistrate Judge Gustave J. DiBianco. The District Court denied plaintiffs claims that (1) the search of his girlfriend’s apartment on November 18, 1988 was conducted in violation of plaintiffs Fourth Amendment rights; and (2) the statements plaintiff made later that day while in police custody were coerced in violation of his Fifth Amendment rights.

¶5We have reviewed the Magistrate Judge’s findings of fact and conclusions of law, and considered all of plaintiffs arguments on appeal and find each of them to be without merit. Accordingly, the judgment of the District Court is hereby AFFIRMED.

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