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GIANO v. GOORD

No. 98-2619.

250 F.3d 146 (2001)

Julio F. GIANO, Plaintiff-Appellant, v. Glenn GOORD, Commissioner, Department of Correctional Services, Donald Selsky, Director, Special Housing Programs, Frank Irvin, Superintendent, Wende Correctional Facility, Roy Henneberg, Deputy Superintendent of Security, Jeffrey Skinner, Captain, Wende Correctional Facility, Walter Shannon, Lieutenant, Wende Correctional Facility, James Burke, Sergeant, Wende Correctional Facility, Timothy Jeziorski, Sergeant, Wende Correctional Facility, Thomas Lamb, Michael Bishop, Gary Keohane, E. McEvoy, Howard Brennan, John Barbera, John Doe, Correctional Officers, Wende Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Final submission October 27, 2000.

Decided May 16, 2001.

Errata filed: June 13, 2001.

Attorney(s) appearing for the Case

Peter A. Sullivan, Hughes, Hubbard & Reed LLP, New York, NY, and Julio F. Giano, Comstock, NY, pro se, for Plaintiff-Appellant.

Martin A. Hotvet, Assistant Solicitor General, State of New York, Albany, NY, for Defendants-Appellees.*

Before FEINBERG, KEARSE, and SACK, Circuit Judges.

SACK, Circuit Judge:

Plaintiff-appellant Julio F. Giano appeals from a judgment of the United States District Court for the Western District of New York (Charles A. Siragusa, Judge) that, inter alia, dismissed without prejudice plaintiff's claims under 42 U.S.C. § 1983 regarding allegations of retaliation and faulty prison drug-testing procedures, and dismissed with prejudice plaintiff's 42 U.S.C. § 1983 claims regarding allegations that Giano...

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