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McCLARY v. KELLY

No. 90-CV-0501A.

4 F.Supp.2d 195 (1998)

David McCLARY, Plaintiff, v. Walter R. KELLY, Albert Hall, Phillip Coombe, Acting Commissioner for Department of Corrections, Defendants.

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

April 30, 1998.

Attorney(s) appearing for the Case

Joseph Gerken, Buffalo, NY, for David McClary, Plaintiff.

Carmen L. Snell, Office of the State Attorney General, Buffalo, NY, Emil J. Bove, Office of New York State Attorney General, Rochester, NY, for Defendants.

DECISION AND ORDER

FELDMAN, United States Magistrate Judge.

I. BACKGROUND

Plaintiff David McClary ("McClary") is a state prisoner in the custody of the New York State Department of Corrections. This action, commenced pursuant to 42 U.S.C. § 1983, arises as a result of McClary's uninterrupted confinement in the Special Housing Unit ("SHU") for the period of time from November 20, 1989 through March 12, 1994. McClary's confinement...

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