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TORRES v. FAUVER

No. 99-5574.

292 F.3d 141 (2002)

Antonio TORRES, Appellant, v. William FAUVER, New Jersey Commissioner of Corrections; E. Calvin Neubert, Administrator Bayside State Prison; Conrad Dilks, Assistant Administrator Bayside State Prison; Lance Meehan; Percy Garner; Sgt. Adams; Lisa Little; Joe Doe, fictitious name of individual to be identified when the identity becomes known; Jane Doe, fictitious name of individual to be identified when the identity becomes known, all of them in their official capacity and individually; Dr. Richard Cevasco, Director of Psychological Services, individually and in his official capacity.

United States Court of Appeals, Third Circuit.

Filed: May 23, 2002.

Attorney(s) appearing for the Case

Philip N. Yannella (argued), Dechert, Price & Rhoads, Philadelphia, Pennsylvania, for appellant.

John J. Farmer, Jr., Attorney General of New Jersey, Patrick DeAlmedia, Deputy Attorney General, Lisa A. Puglisi (argued), Deputy Attorney General, Office of the Attorney General of New Jersey, Division of Law, Richard J. Hughes, Justice Complex, Trenton, New Jersey, for appellees.

BEFORE: ROTH, AMBRO, and FUENTES, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Antonio Torres, a former state prisoner who is no longer "in custody" within the meaning of 28 U.S.C. § 2254 (the federal habeas corpus statute),1 appeals the District Court's grant of summary judgment dismissing his 42 U.S.C. § 1983 action, which alleged, inter alia, that his due process rights were violated when he was sanctioned for violating prison rules. The sanctions...

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