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HOUGHTON v. CARDONE

No. 03-CV-6381L.

295 F.Supp.2d 268 (2003)

James R. HOUGHTON, Plaintiff, v. Joseph v. CARDONE, District Attorney, et al., Defendants.

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

December 2, 2003.

Attorney(s) appearing for the Case

Louis P. Pilato, Rochester, NY, for Plaintiff.

Michael P. McClaren, Webster Szanyi, LLP, Buffalo, NY, for Defendants.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff, James R. Houghton, commenced this action in New York State Supreme Court, Orleans County, on July 22, 2003, asserting claims under both 42 U.S.C. § 1983 and state law. Defendants removed the action to this Court pursuant to 28 U.S.C. § 1331, on the basis of federal question jurisdiction. Defendants have moved to dismiss the complaint.

BACKGROUND

The complaint (the factual...

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