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BURNS v. FISCHER

No. 9:13-CV-0486 (LEK/CFH).

MARK BURNS, Plaintiff, v. BRIAN FISCHER, et al., Defendants.

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

April 11, 2014.

Attorney(s) appearing for the Case

Mark Burns, Plaintiff, Pro Se.

Brian Fischer, Commissioner of NYS Dept.of Corrections, Defendant, represented by Laura A. Sprague , New York State Attorney General.

Teresa Knapp-David, Defendant, represented by Laura A. Sprague , New York State Attorney General.

Daniel F. Martuscello, Jr., Superintendent, Coxsackie Correctional Facility, Defendant, represented by Laura A. Sprague , New York State Attorney General.

Captain Shanley, Captain, Coxsackie Correctional Facility, Defendant, represented by Laura A. Sprague , New York State Attorney General.

Sgt. Noeh, Sergeant, Coxsackie Correctional Facility, Defendant, represented by Laura A. Sprague , New York State Attorney General.

Schwebler, Guidance Counselor, Coxsackie Correctional Facility, Defendant, represented by Laura A. Sprague , New York State Attorney General.

McGlynn, Guidance Counselor, Coxsackie Correctional Facility, Defendant, represented by Laura A. Sprague , New York State Attorney General.

DECISION and ORDER

LAWRENCE E. KAHN, District Judge.

I. INTRODUCTION

This pro se action under 42 U.S.C. § 1983 comes before the Court on a Report-Recommendation filed February 3, 2014, by the Honorable Christian F. Hummel, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Dkt. No. 34 ("Report-Recommendation"). Judge Hummel recommends that Defendants' Motion to dismiss be granted...

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