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DAWES v. WALKER

No. 99-252.

239 F.3d 489 (2001)

Ian DAWES, Plaintiff-Appellant, v. Hans WALKER, Superintendent, Auburn Correctional Facility; George B. Duncan, Deputy Superintendent, Auburn Correctional Facility; B. McArdle, Lieutenant, Auburn Correctional Facility; R. Head, Sergeant, Auburn Correctional Facility; S. Yorkey, Correctional Officer, Defendants-Appellees.

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

Decided: February 8, 2001.

Attorney(s) appearing for the Case

John M. Walker, Jr., writes separately.

Ian Dawes, pro se, Sullivan Correctional Facility, Fallsburg, New York, for Plaintiff-Appellant.

Daniel Smirlock, Assistant Solicitor General, Albany, New York (Eliot Spitzer, Attorney General of the State of New York, Albany, New York; Peter H. Schiff, Deputy Solicitor General of the State of New York, Albany, New York; Nancy A. Spiegel, Assistant Solicitor General for the State of New York, Albany, New York) for Appellees.

Before: JOHN M. WALKER, Jr., Chief Judge, OAKES and WINTER, Circuit Judges.

JOHN M. WALKER, Jr., Chief Judge:

Plaintiff-appellant Ian Dawes, pro se, appeals from a July 22, 1999 order by the District Court for the Northern District of New York (Norman A. Mordue, District Judge) dismissing his 42 U.S.C. § 1983 action. Dawes alleged retaliation in violation of the First Amendment by various prison officials at the Auburn Correctional Facility in Auburn, New York. Dawes contends these officials were displeased by earlier lawsuits...

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