Judge Richard M. Berman
Kinlaw is a blind, mentally ill, maximum security-classified state inmate. The court’s May 18, 2011, order found he did not show irreparable harm if not transferred from Elmira Correctional Facility to Eastern Correctional Facility as requested. Nor did he show irreparable harm if not readmitted to Elmira’s infirmary, or that he was “denied the opportunity to participate in or benefit from defendants’ services, programs or activities.” The court denied Kinlaw’s motion to reconsider—construed as a motion under Federal Rule of Civil Procedure 60(b)—arguing violation of the Americans with Disabilities Act by housing him at Elmira and by “continuing to deny [him]” his “ approved reasonable accommodation items” and that he had been subjected to retaliatory discharge from the Elmira infirmary. Kinlaw failed to identify controlling law or factual matters overlooked in the order or that might reasonably have altered outcome. Moreover, the resources at Elmira, together with Kinlaw’s security classification, made transfer to Eastern not in the public interest. Also, no evidence was presented that defendants—who accommodate Kinlaw’s legal blindness—violated disability laws by continuing to house Kinlaw at Elmira.
