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GASTON v. COUGHLIN

No. 98-2943.

249 F.3d 156 (2001)

Kenneth GASTON, Plaintiff-Appellant, v. Thomas A. COUGHLIN, III; Donald Selsky; Lt. Grant; Lebaron, Lt.; Hans Walker; Frank Irvin; Edward Dann; John Doe, Confidential Informant, Defendants-Appellees.

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

Decided May 7, 2001.

Attorney(s) appearing for the Case

Tim O'Neal Lorah, New York, NY, (Daniel J. Kramer, Schulte Roth & Zabel, New York, NY, on the brief) for Plaintiff-Appellant.

Marcus J. Mastracco, Assistant Solicitor General, Albany, NY, (Eliot Spitzer, Attorney General of the State of New York, Nancy A. Spiegel, Assistant Solicitor General, Peter H. Schiff, Senior Counsel, on the brief) for Defendants-Appellees.

Before KEARSE, WINTER, and McLAUGHLIN, Circuit Judges.

KEARSE, Circuit Judge.

Plaintiff Kenneth L. Gaston, a New York State ("State") prisoner, appeals from a judgment of the United States District Court for the Western District of New York, David G. Larimer, Chief Judge, dismissing his complaint brought under 42 U.S.C. § 1983 (1994), alleging principally (1) that various officials and employees of the State's Department of Correctional Services ("DOCS") violated his due process rights by sentencing him to...

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