MORELLO v. JAMES

No. 183, Docket 86-2106.

810 F.2d 344 (1987)

Vincent MORELLO, Plaintiff-Appellant, v. Charles JAMES, J. Nowakawski, Correction Officer, and Thomas A. Coughlin, Commissioner of the New York State Department of Correctional Services, Defendants-Appellees. Vincent MORELLO, Plaintiff-Appellant, v. Harold J. SMITH, Superintendent, Thomas A. Coughlin, and Unknown Correctional Officers, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 26, 1987.


Attorney(s) appearing for the Case

Thomas J. Moloney, New York City (Mitchell A. Lowenthal, Cleary, Gottlieb, Steen & Hamilton, New York City, of counsel), for plaintiff-appellant.

Peter G. Crary, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., Albany, N.Y., of counsel), for defendants-appellees.

Before MESKILL, MINER and ALTIMARI, Circuit Judges.


MESKILL, Circuit Judge:

Vincent Morello appeals from two judgments of the United States District Court for the Western District of New York, Telesca, J., dismissing his civil rights claims brought under 42 U.S.C. § 1983 (1982) for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6). Morello complained that New York state prison officials violated his constitutional right of access to the courts by intentionally and selectively taking...

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