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DELEON v. DOE

No. 03-0093.

361 F.3d 93 (2004)

Isidoro DELEON, Plaintiff-Appellant, v. John DOE, Mail Room Supervisor, GMCF, John Doe, Mail Room Dispatcher, GMCF, Defendants, David Carpenter, Dep. Supt of Prog. GMCF, Ronald Atkinson, Mail Room Supervisor, GMCF, Shirley French, Mail Room Dispatcher, GMCF, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 10, 2004.

Attorney(s) appearing for the Case

Isidoro DeLeon, Wende Correctional Facility, Alden, NY, pro se.

Julie M. Sheridan, Assistant Solicitor General, for Eliot Spitzer, Attorney General of the State of New York (Nancy A. Spiegel, Senior Assistant Solicitor General, on the brief), for Defendants-Appellees.

Before: VAN GRAAFEILAND, LEVAL, and CALABRESI, Circuit Judges.

PER CURIAM.

In December 2001, plaintiff-appellant Isidoro DeLeon, a New York state prisoner, filed an amended complaint pursuant to 42 U.S.C. § 1983, alleging that various mail room personnel at the Great Meadow Correctional Facility had violated his First and Fourteenth Amendment rights. Specifically, he asserted (1) that defendants deliberately delayed the mailing of certain of his submissions in an ongoing federal action, causing him to miss a court deadline...

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