WALKER v. SCHULT

Docket No. 12-1806-cv.

717 F.3d 119 (2013)

Ellis WALKER, Plaintiff-Appellant, v. Deborah G. SCHULT, Warden, FCI Ray Brook, Russell Perdue, Warden, FCI Ray Brook, David Salamy, Unit Manager, FCI Ray Brook, Sepanek, Counselor, FCI Ray Brook, David Porter, Associate Warden, FCI Ray Brook, Anne Mary Carter, Associate Warden, FCI Ray Brook, Steven Wagner, Associate Warden, FCI Ray Brook, J.L. Norwood, Regional Director, Harley Lappin, Director, Bureau of Prisons, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 23, 2013.


Attorney(s) appearing for the Case

John D. Castiglione ( Kyle L. Wallace , Noreen A. Kelly-Dynega , Natalie M. Georges , on the brief), Latham & Watkins LLP, New York, New York, for Plaintiff-Appellant.

Paula Ryan Conan , Assistant United States Attorney ( Charles E. Roberts , Assistant United States Attorney, on the brief), for Richard S. Hartunian, United States Attorney for the Northern District of New York, Syracuse, New York, for Defendants-Appellees.

Before: WESLEY and CHIN, Circuit Judges, and LARIMER, District Judge.


CHIN, Circuit Judge:

Plaintiff-appellant Ellis Walker brought this action below pro se, alleging that the conditions of his confinement in the Federal Correctional Institution in Ray Brook, New York ("FCI Ray Brook") amounted to cruel and unusual punishment in violation of the Eighth Amendment. The United States District Court for the Northern District of New York (Kahn, J.) granted defendants-appellees' motion to dismiss for failure to state a claim...

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