No. 876, Docket 88-2208.

877 F.2d 219 (1989)

James FAVORS, Plaintiff-Appellant, v. Thomas A. COUGHLIN, III, Commissioner, Daniel A. Senkowski, Acting Superintendent, R. Fuller, Deputy Superintendent, Sgt. Thomas Marlow, C.O., Patrick Buckley, C.O. and Captain W.R. Babbie, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 19, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y. (Peter H. Schiff, Deputy Sol. Gen., Wayne L. Benjamin, Asst. Atty. Gen., Daniel Smirlock, Asst. Atty. Gen., Albany, N.Y., of counsel), submitted brief for defendants-appellees.

Barbara Kolsun, New York City (Dechert Price & Rhoads, New York City, of counsel), submitted brief for plaintiff-appellant.

Before KAUFMAN, CARDAMONE and PRATT, Circuit Judges.


Appellant James Favors appeals from an April 5, 1988 order of the United States District Court for the Northern District of New York (McCurn, J.), which adopted the Report and Recommendation of the United States Magistrate and thereby granted appellees' motion to dismiss Favors's civil rights complaint. Favors filed this pro se civil rights claim under 42 U.S.C. § 1983 (1982) asserting that, as the...

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