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SAMUELS v. MOCKRY

Docket No. 96-2801.

142 F.3d 134 (1998)

Alphonso SAMUELS, Plaintiff-Appellant, v. J. MOCKRY; G. Hewston; W. Higgins; J. Dowdle, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 17, 1998.

Attorney(s) appearing for the Case

J. Nelson Thomas, Rochester, NY (Nixon, Hargrave, Devans & Doyle LLP, Rochester, NY, of counsel), for Plaintiff-Appellant.

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

Before: VAN GRAAFEILAND, JACOBS and LAY, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This prisoner civil rights case comes before us for the second time. Plaintiff-appellant Alphonso Samuels previously appealed a summary judgment of the United States District Court for the Northern District of New York (McCurn, J.) dismissing his complaint against the defendant prison officials. We vacated that judgment on the ground that the district court had resolved a material factual issue against Samuels improperly and we remanded...

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