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McCALL v. PATAKI

Docket No. 00-92.

232 F.3d 321 (2000)

Darren McCALL, Gary Sickler, Plaintiffs, Angel Herrera, Plaintiff-Appellant, v. George E. PATAKI, Governor New York State; Glenn S. Goord, Commissioner of the Department of Correctional Services; All Commissioners of the New York Board of Parole, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: November 16, 2000.

Attorney(s) appearing for the Case

Angel Herrera, Malone, N.Y., Plaintiff-Appellant pro se.

Eliot Spitzer, Attorney General of the State of New York, Albany, N.Y. (Nancy A. Spiegel, Assistant Solicitor General, Peter H. Schiff, Senior Counsel, Marlene O. Tuczinski, Assistant Solicitor General, of counsel), for Defendants-Appellees.

Before: KEARSE, McLAUGHLIN, and STRAUB, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff pro se Angel Herrera, a New York State prisoner, appeals from a final judgment of the United States District Court for the Northern District of New York, Lawrence E. Kahn, Judge, dismissing his complaint pursuant to Rule 7.1(b)(3) of the court's Local Rules on the ground that Herrera failed to respond to defendants' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). On appeal, Herrera contends principally that he had...

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