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ORTIZ-RODRIGUEZ v. N.Y. STATE DEPT. OF CORR. SERV.

No. 05-CV-6424L.

491 F.Supp.2d 342 (2007)

Luis ORTIZ-RODRIGUEZ, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, et al., Defendants.

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

June 13, 2007.

Attorney(s) appearing for the Case

Luis Ortiz-Rodriquez, Collins, NY, prose.

J. Richard Benitez, NYS Attorneys General's Office, Rochester, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Luis Ortiz-Rodriguez ("Rodriguez"), appearing pro se, commenced this action pursuant to 42 U.S.C. § 1983. Plaintiff, who at the time this action was commenced, was an inmate in the custody of the New York State Department of Correctional Services ("DOCS") alleges that defendants Dr. Joseph Tan, MD and Superintendent James Berbary, who were at all relevant times employed by...

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