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KOEHL v. DALSHEIM

No. 802, Docket 95-2395.

85 F.3d 86 (1996)

Edward KOEHL, Plaintiff-Appellant, v. Stephen DALSHEIM, Superintendent; Kenley Meritt, Corrections Officer; Frank Averill, Corrections Officer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 31, 1996.

Attorney(s) appearing for the Case

Edward Koehl, Dannemora, N.Y., submitted a pro se brief.

Dennis C. Vacco, Atty. Gen. of the State of New York, Ronald P. Younkins, Kathleen Murray, Asst. Attys. Gen., New York City, submitted a brief for defendants-appellees.

Before: NEWMAN, Chief Judge, FEINBERG and PARKER, Circuit Judges.

JON O. NEWMAN, Chief Judge:

The large volume of prisoner litigation in federal courts makes it virtually inevitable that a case of arguable merit will occasionally be lumped with the many truly frivolous cases and be dismissed without adequate consideration. There is also a risk that a prisoner's claim will be mischaracterized in a way that makes it seem to be one of the many frivolous cases, rather than one of the few cases of arguable merit. These risks are evident...

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