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GRAHAM v. HENDERSON

No. 660, Docket 95-2387.

89 F.3d 75 (1996)

Patrick GRAHAM, Plaintiff-Appellant, v. R.J. HENDERSON, Former Superintendent, Auburn Correctional Facility; Hans Walker, Superintendent, Auburn Correctional Facility; Lieutenant V. Mahunik; Sergeant M. Vasquez; C. Ciaschi, Correction Officer; Gary Anthony, Industrial Superintendent, Auburn Correctional Facility; William A. Gabak, General Foreman; John Nelson Decker, I.T.S., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 11, 1996.

Attorney(s) appearing for the Case

(Patrick Graham, Ossining, NY, Pro Se).

(Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Peter G. Crary, Assistant Attorney General, Troy Oechsner, Assistant Attorney General, Albany, NY, of counsel), for Defendants-Appellees.

Before: KEARSE, MINER and PARKER, Circuit Judges.

PARKER, Circuit Judge:

Plaintiff Patrick Graham, pro se and incarcerated, appeals from an order of the U.S. District Court for the Northern District of New York (Harold Baer, Jr., Judge) dated June 14, 1995, which granted the defendants' motion for summary judgment, denied the plaintiff's cross-motion for summary judgment, and dismissed the complaint. The court held that inmate Graham failed to meet his threshold burden of demonstrating that prison officials...

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