DECISION AND ORDER
LARIMER, District Judge.
INTRODUCTION
Plaintiff, Herbert Burgess ("plaintiff"), an inmate in the custody of the New York State Department of Correctional Services ("DOCS") and previously incarcerated at Southport Correctional Facility ("Southport"), brought this action against Sergeant Gary Morse, Southport Superintendent Michael McGinnis, and Commissioner of DOCS Glenn S. Goord, pursuant to 42 U.S.C. § 1983 alleging...
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