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SMITH v. KELLY

No. 9:06-CV-0505 (GTS/ATB).

985 F.Supp.2d 275 (2013)

Julio Isley SMITH, Plaintiff, v. C.F. KELLY, Jr., Captain, Great Meadow Corr. Facility; and James Levine, Prison Guard, Great Meadow Corr. Facility, Defendants.

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

October 30, 2013.

Attorney(s) appearing for the Case

Martin A. Lynn, Esq., Lynn Law Firm, Syracuse, NY, Pro Bono Trial Counsel for Plaintiff.

James Seamon, Esq., Assistant Attorney General, Eric T. Schneiderman, Attorney General for the State of New York, Albany, NY, for Defendants.

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court is a prisoner civil rights action filed by Julio Isley Smith ("Plaintiff) asserting a claim of retaliation against Great Meadow Correctional Facility Captain C.F. Kelly and Prison Guard James Levine ("Defendants") pursuant to the First Amendment and 42 U.S.C. § 1983, alleging that, because Plaintiff sent a written "racial assault charge" to the Office of the New York...

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