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JACKSON v. BURKE

No. 00-0088.

256 F.3d 93 (2001)

Nathaniel JACKSON, Plaintiff-Appellant, v. William S. BURKE, Assistant Deputy Superintendent, Clinton Correctional Facility and R. Provost, Correctional Officer, Clinton Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 11, 2001.

Attorney(s) appearing for the Case

Suellen Ratliff, Coudert Brothers, New York, New York (Douglas F. Broder, New York, NY, on the brief), for Plaintiff-Appellant.

Victor Paladino, Assistant Solicitor General, Albany, New York (Eliot Spitzer, Attorney General of the State of New York, Daniel Smirlock, Deputy Solicitor General, Nancy A. Spiegel, Assistant Solicitor General, Albany, New York, on the brief), for Defendants-Appellees.

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

PER CURIAM.

Plaintiff-appellant Nathaniel Jackson alleges that in June 1994, when he was incarcerated at the Clinton Correctional Facility in New York, he asked his mother to mail him various documents that he needed in order to proceed with state and federal collateral attacks on his criminal convictions. The package of documents arrived at the prison, as evidenced by a prison receipt signed "R. Provost"; but instead of being delivered to Jackson, the package was...

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