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VARGAS v. PATAKI

No. 95-CV-174 TJM.

899 F.Supp. 96 (1995)

Luis VARGAS, Plaintiff, v. George E. PATAKI, Governor of New York State; Philip Coombe, Acting Commissioner of the Department of Correctional Services; and James F. Recore, Director of Temporary Release Program, Defendants.

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

October 2, 1995.

Attorney(s) appearing for the Case

Luis Vargas, Malone, NY, plaintiff pro se.

Office of the Attorney General of the State of New York, Department of Law, Albany, NY (Mary Ellen Clerkin, Asst. Attorney General, of counsel), for the Government.

MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

I. INTRODUCTION

In this pro se complaint brought pursuant to 42 U.S.C. § 1983, plaintiff Luis Vargas ("Plaintiff") claims that his constitutional rights were violated when the New York State law governing the Prisoner Work Release Program ("Program") was amended so as to exclude individuals convicted of homicide from program eligibility....

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