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AMAKER v. FOLEY

Docket No. 01-0018.

274 F.3d 677 (2001)

Anthony D. AMAKER, Plaintiff-Appellant, v. FOLEY, C.O., Fleckerstein, C.O., Monin, Sgt., G. Strubbel, Connors, C.O., Being sued individually and in their official capacities for violation of plaintiff's constitutional rights, Defendants-Appellees, ZON, Supt. Deputy, Donnelly, Supt. Deputy, Walter R. Kelly, Supt., Sugg, C.O., Defendants.

United States Court of Appeals, Second Circuit.

Decided December 17, 2001.

Attorney(s) appearing for the Case

Anthony D. Amaker, Dannemora, NY, on submission, pro se.

Martin A. Hotvet, Assistant Solicitor General, Albany, N.Y. (Peter H. Schiff, Senior Counsel, on the brief), for Eliot Spitzer, Attorney General of the State of New York, on submission, for appellees.

Before: CARDAMONE, McLAUGHLIN, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Plaintiff Anthony D. Amaker, proceeding pro se, appeals from an entry of judgment in favor of defendants by the United States District Court for the Western District of New York (Elfvin, J.). The district court granted the defendants' motion for summary judgment solely on the basis that plaintiff had failed to submit any papers or evidence in opposition to the motion by the deadline imposed under the court's scheduling order. Because...

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