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GITTENS v. LEFEVRE

No. 90, Docket 88-2459.

891 F.2d 38 (1989)

Darius GITTENS, Plaintiff-Appellant, v. Superintendent Eugene S. LeFEVRE, Review Officer Lt. Kavanaugh, Correction Officer J. Gillen, Sergeant Goodrich, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 29, 1989.

Attorney(s) appearing for the Case

Charles F. Lacina, Chadbourne & Parke, New York City, for plaintiff-appellant.

Martin A. Hotvet, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen. of State of N.Y., Peter H. Schiff, Deputy Sol. Gen., of counsel), for defendants-appellees.

Before PRATT, MINER, and ALTIMARI, Circuit Judges.

MINER, Circuit Judge:

This is an appeal from a judgment entered in the United States District Court for the Northern District of New York (McCurn, Ch.J.) dismissing plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(6) for "failure to state a claim upon which relief can be granted." Plaintiff, an inmate at the Clinton Correctional Facility, alleged that defendants confined him to his cell and denied him any opportunity to make a statement challenging his...

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