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MORELLO v. JAMES

No. 85-CV-1430L.

797 F.Supp. 223 (1992)

Vincent MORELLO, Plaintiff, v. Charles JAMES, J. Nowakowski and Harold J. Smith, Defendants.

United States District Court, W.D. New York.

June 17, 1992.

Attorney(s) appearing for the Case

James C. Gocker, Harris, Beach & Wilcox, Rochester, N.Y., for plaintiff.

Charles D. Steinman, Asst. Atty. Gen., Rochester, N.Y., for defendants.

DECISION AND ORDER

FISHER, United States Magistrate Judge.

In this action pursuant to 42 U.S.C. § 1983, plaintiff claimed that the defendants violated his constitutional rights by intentionally depriving him of a legal brief which had been prepared by an inmate law clerk for a pending state court appeal. Plaintiff's property was allegedly lost when he was transferred from the Collins Correctional Facility (Collins) to the Attica Correctional Facility...

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