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RODRIGUEZ v. McGINNIS

No. 96 Civ. 3279(JSR).

1 F.Supp.2d 244 (1998)

Damar RODRIGUEZ, Plaintiff, v. John McGINNIS, Superintendent, C.O. Cook, Lt. Simmons, Defendants.

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

March 30, 1998.

Attorney(s) appearing for the Case

Damar Rodriguez, Marcy, NY, pro se.

Alpa J. Sanghhvi, Asst. Atty. Gen., New York, NY, for Defendants.

MEMORANDUM ORDER

RAKOFF, District Judge.

On February 10, 1998, the Honorable Sharon E. Grubin, United States Magistrate Judge, issued a Report and Recommendation in the above-captioned matter, recommending that the motions to dismiss of defendants McGinnis and Simmons be granted, and that the motion to dismiss of defendant Cook be granted as to plaintiff's due process claim but denied as to plaintiff's excessive force claim. Following the requisite...

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