MICHAEL D'ALESSANDRO v. KATHRYN E. MacFARLAND, et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2073-05T22073-05T2

MICHAEL D'ALESSANDRO,

Plaintiff-Appellant,

v.

KATHRYN E. MacFARLAND, SCO,

JOSEPH OLSZEWSKI, SGT. JAMES

DICE, SGT. ANTHONY MacRAE,

MICHAEL HOUDART, and DAVID BURTON,

Defendants-Respondents.

__________________________________________________

 

Submitted May 9, 2007 - Decided May 18, 2007

Before Judges C.S. Fisher and Yannotti.

On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, Docket No. CUM-L-0155-05.

Michael R. D'Alessandro, appellant pro se.

Stuart Rabner, Attorney General, attorney for respondents (Michael J. Haas, Assistant Attorney General, of counsel; Keith S. Massey, Jr., Deputy Attorney General, on the brief).

PER CURIAM

Plaintiff is an inmate in the State prison system. In a prior matter, we affirmed the imposition of disciplinary sanctions by the Department of Corrections based on plaintiff's unauthorized possession of a stapler. Michael R. D'Alessandro v. Department of Corrections, Docket No. A-2512-03T3 (App. Div. November 5, 2004).

Plaintiff subsequently commenced this civil action alleging, among other things, that the defendant corrections officers violated 42 U.S.C.A. 1983 and state law for their part in the commencement and prosecution of the disciplinary matter and for the confiscation of the stapler.

The trial judge granted defendants' motion for summary judgment and plaintiff has appealed, arguing that he was denied "his state and federal constitutional guarantees to due process of law when the trial court refused to provide either a written or oral statement of [its] findings of facts and [its] conclusions of law" when ruling on the motion. We find insufficient merit in these contentions to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).

Affirmed.

 

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A-2073-05T2

May 18, 2007