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SIMON v. AUGUSTINE

No. 06-CV-6496L.

667 F.Supp.2d 242 (2009)

Dallas SIMON, Plaintiff, v. Benjamin AUGUSTINE, Lester Wright, Defendants.

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

November 1, 2009.

Attorney(s) appearing for the Case

Dallas Simon, Sonyea, NY, pro se.

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

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Dallas Simon, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, an inmate currently in the custody of the New York State Department of Correctional Services ("DOCS"), has sued two physicians, Benjamin Augustine and Lester Wright, alleging that they violated his rights under the Eighth Amendment to the United States Constitution by failing adequately...

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