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ALSTON v. HOWARD

No. 93 Civ. 0204 (JES).

925 F.Supp. 1034 (1996)

Ernest L. ALSTON, Plaintiff, v. Terry HOWARD, Nurse at Green Haven Podiatry Clinic; Dr. Organ, Head Podiatry of Green Haven Correctional Facility, Defendants.

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

May 8, 1996.

Attorney(s) appearing for the Case

Ernest L. Alston, Stormville, New York, pro se.

Dennis C. Vacco, Attorney General of the State of New York (Kay-Ann D. Porter, Assistant Attorney General, of counsel), New York City, for Defendants.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Pursuant to 42 U.S.C. § 1983, plaintiff Ernest L. Alston, acting pro se, brings the above-captioned action against Nurse Terry Howard and Dr. Philip Organ, claiming that defendants violated his constitutional rights to equal protection and to be free from cruel and unusual punishment by refusing to prescribe "high performance" footwear to remedy his ankle injury.1

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