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WALKER v. McCLELLAN

No. 1358, Docket 96-2323.

126 F.3d 127 (1997)

Robert WALKER, Plaintiff-Appellant, v. Robert McCLELLAN, Superintendent, Thomas A. Coughlin, III, Defendants, L. Bates, Hearing Officer, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 9, 1997.

Attorney(s) appearing for the Case

Kenneth R. Stephens, Poughkeepsie, N.Y. (Prisoners' Legal Services of New York, Poughkeepsie, N.Y.), for Plaintiff-Appellant.

Martin Hotvet, Assistant Attorney General, Albany, N.Y. (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Peter G. Crary, Assistant Attorney General, Albany, N.Y., Of Counsel), for Defendant-Appellee.

Before: FEINBERG, OAKES, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

Robert Walker, an inmate at the Southport Correctional Facility in the custody of the New York State Department of Correctional Services who was disciplined for violation of prison rules, appeals from the judgment of the United States District Court for the Western District of New York (Larimer, C.J.). The district court granted summary judgment in favor of defendant L. Bates, the correctional officer who conducted Walker's disciplinary...

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