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COLON v. MACK

No. 767, Docket 94-2335.

56 F.3d 5 (1995)

José COLON, Plaintiff-Appellant, v. Correction Officer D. MACK, Correction Officer M. Pullen, Correction Officer C. Miller, Correction Officer M. Rhynders, Correction Sergeant "John" Juchnewicz, all in their individual and representative capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 25, 1995.

Attorney(s) appearing for the Case

Loren I. Glassman, White Plains, NY, for plaintiff-appellant.

Ronald P. Younkins, Asst. Atty. Gen., New York City (G. Oliver Koppell, Atty. Gen., Robert F. Bacigalupi, Asst. Atty. Gen., on the brief), for defendants-appellees.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and COFFIN, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This is an appeal from a dismissal for failure to prosecute entered after plaintiff Jose Colon, a New York state prisoner, failed to appear in court on the date scheduled for jury selection in his section 1983 action against five prison guards. After reviewing an affidavit from Colon explaining his default, the District Judge, finding the proffered excuse to be inherently implausible and contradicted by contemporaneous prison records, dismissed...

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