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PORTER v. COUGHLIN

Docket No. 03-0273.

421 F.3d 141 (2005)

Andre PORTER, Plaintiff-Appellant, v. Thomas A. COUGHLIN, III, Commissioner, New York State Department of Correctional Services; Frank E. Irvin, Superintendent, Wende Correctional; Walter, Acting Captain, Wende Correctional; Donald Selsky, Commissioner Designee, Director of Disciplinary Hearing; John P. Keane, Superintendent of Sing Sing Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2005.

Attorney(s) appearing for the Case

Hugh M. Russ III (Patrick J. Long, on the brief), Hodgson Russ LLP, Buffalo, NY, for plaintiff-appellant.

Marlene O. Tuczinski, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Peter H. Schiff, of counsel), Albany, NY, for defendants-appellees.

Before: SOTOMAYOR and B.D. PARKER, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Plaintiff-appellant Andre Porter ("Porter") appeals from an order and judgment of the United States District Court for the Western District of New York (Curtin, J.), entered on September 3, 2003. The order denied Porter's motion for reconsideration of a prior order, entered May 7, 1997, that dismissed his double jeopardy claim, brought under 42 U.S.C. § 1983, relating to a prison disciplinary proceeding based on a criminal conviction...

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