Court of Appeals for the Second Circuit June 5, 2009, No. 08-0033-pr (Colon v. Drew)

SUMMARY ORDER

Felix Colon appeals from a December 17, 2007 judgment of the United States District Court for the Northern District of New York (Kahn, J.). Colon alleges that he was exposed to dangerous levels of environmental tobacco smoke (“ETS”) during his incarceration at FCI Ray Brook (“Ray Brook”), which caused him to suffer serious medical harm.