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DONHAUSER v. GOORD

No. 01-CV-1535.

317 F.Supp.2d 160 (2004)

David DONHAUSER, Plaintiff, v. Glenn S. GOORD, Commissioner of the New York State Department of Correctional Services; Martha E. Yourth, CSW Guidance Specialist; Dominic Martinelli, Sex Offender Program Counselor; and S. Carter, S.C.C., Oneida Correctional Facility, Defendants.

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

April 23, 2004.

Attorney(s) appearing for the Case

David Donhauser, Oneida Correctional Facility, Rome, NY, pro se.

Eliot Spitzer, Albany, NY, Nelson Sheingold, Assistant Attorney General, of Counsel, Attorney General for the State of New York.

ORDER

HURD, District Judge.

On April 15, 2004, defendants' motion to dismiss the second amended complaint was granted in part and denied in part. (Docket No. 79.) Because plaintiff is likely to succeed on the merits of his claim that his Fifth Amendment rights were violated with respect to the threatened loss of good time credits as a result of his refusal to participate in defendants' Sexual Offender Counseling Program, plaintiff's motion for a preliminary...

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