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SCHMELZER v. NORFLEET

No. 94 Civ. 8287 (DC).

903 F.Supp. 632 (1995)

Edward SCHMELZER, Plaintiff, v. B. NORFLEET, Correctional Officer, Sing Sing Correctional Facility, Defendant.

United States District Court, S.D. New York.

November 13, 1995.

Attorney(s) appearing for the Case

Edward Schmelzer, Staten Island, NY, Plaintiff pro se.

Dennis C. Vacco, Attorney General of the State of New York by Jeanne Lahiff, Ass't Attorney General New York City, for defendant.

MEMORANDUM DECISION

CHIN, District Judge.

Pro se plaintiff Edward Schmelzer brings this action under 42 U.S.C. § 1983 seeking monetary damages for alleged violations of his Fourteenth Amendment Due Process rights. Defendant Barry Norfleet moves pursuant to Rule 12(b)(6) to dismiss the action. For the reasons that follow, the motion is granted.

BACKGROUND1

At the time of the alleged...

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