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BURNELL v. COUGHLIN

No. 97-CV-6038L.

975 F.Supp. 473 (1997)

Gaylord BURNELL, Plaintiff, v. Thomas A. COUGHLIN, III, Commissioner, LeRoy Grant, Walter R. Kelly, George Heltz, Defendants.

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

September 3, 1997.

Attorney(s) appearing for the Case

Gaylord Burnell, Dannemora, NY, pro se.

Andrew Lipkind, Buffalo, NY, for Thomas A. Coughlin and Walter R. Kelly.

Michael A. Battle, Attorney General's Office, Buffalo, NY, Andrew Lipkind, Buffalo, NY, for L. Grant and G. Heltz.

DECISION AND ORDER

LARIMER, Chief Judge.

This action is brought pursuant to 42 U.S.C. § 1983. Plaintiff Gaylord Burnell, who at all relevant times was an inmate at Attica Correctional Facility, seeks damages for alleged violations of the due process clause of the Fourteenth Amendment to the United States Constitution. Presently before me is defendants' motion for summary judgment.

BACKGROUND

Burnell's claims arise out...

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