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MARTINO v. MILLER

No. 04-CV-0313S.

341 F.Supp.2d 256 (2004)

John MARTINO, Plaintiff, v. Kennon MILLER, Surgeon, Kevin Pranikoff, Surgeon, Christopher Pieczonka, Surgeon, Vijay Kotha, Surgeon, Jane or John Doe, Anesthesiologist, Doctor, Jane or John Doe, Equipment Supervisor, Erie County Medical Center Jane or John Doe, Supervisor, and Jane or John Doe, Pathologist, Defendants.

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

October 25, 2004.

Attorney(s) appearing for the Case

John H. Martino, Collins, NY, pro se.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff, acting pro se, has filed a motion for reconsideration (Docket No. 5) of this Court's Decision and Order, filed May 3, 2004, which dismissed plaintiff's complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1), because it failed to state a claim upon which relief could be granted. The Court found that plaintiff's allegations, at most, alleged state law malpractice claims against...

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