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PETTUS v. McGINNIS

No. 04-CV-6364L.

533 F.Supp.2d 337 (2008)

James PETTUS, Plaintiff, v. Supt. McGINNIS, Sgt. Kerbein, C.O. Brown, Lt. Carine, D. Sullivan, Defendants.

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

February 11, 2008.

Attorney(s) appearing for the Case

James Pettus, Comstock, NY, Pro se.

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

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, James Pettus, appearing pro se, commenced this action pursuant to 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services ("DOCS") alleges that defendants, who at all relevant times were employed by DOCS, have violated his rights under the United States Constitution. Specifically, plaintiff alleges that in March 2004...

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