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McPHERSON v. COOMBE

Docket No. 98-2635.

174 F.3d 276 (1999)

Stanley W. McPHERSON, Plaintiff-Appellant, v. Phillip COOMBE, Jr., Commissioner, Department of Corrections; Sally B. Johnson, Superintendent; C.A. Preiss, Deputy, Defendants, R.J. Kirby, Deputy of Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 22, 1999.

Attorney(s) appearing for the Case

Stanley W. McPherson, Albion, NY, Pro Se.

Dennis C. Vacco, Attorney General of the State of New York (Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel and Robert M. Goldfarb, Assistant Attorneys General, of counsel), Albany, NY, for Defendant-Appellee.

Before: KEARSE and SACK, Circuit Judges, and STEIN, District Judge.

SACK, Circuit Judge:

Stanley W. McPherson, pro se, appeals from a judgment of the United States District Court for the Western District of New York (Arcara, J.) granting defendant R.J. Kirby's motion for summary judgment dismissing McPherson's 42 U.S.C. § 1983 action. McPherson alleges that Kirby and other prison officials violated his Eighth Amendment rights by refusing to permit him to attend his mother's funeral. We hold that the district court...

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