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THOMAS v. ASHCROFT

Docket No. 04-4001-pr.

470 F.3d 491 (2006)

Rodney THOMAS, Plaintiff-Appellant, v. John ASHCROFT, Kathleen Hawk Sawyer, Asa Hutchinson, Mark Glover, Jane/John Does, Gregory Parks, Ulises Vargas, Scott Seeley-Hacker, John Sieder, John Ryan, Brad Clemmer, Greg Conners, Tom Cielecy, Richard Jones, Steven Woodland, Federal Bureau of Prisons, Metropolitan Correctional Center, and Metropolitan Detention Center, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 28, 2006.

Attorney(s) appearing for the Case

Jon Romberg, Kathryn Diehm, Adam Wells, Seton Hall University School of Law, Center for Social Justice; Newark, NJ, for Plaintiff-Appellant Rodney Thomas.

Richard E. Rosberger, Assistant United States Attorney for the Southern District of New York; New York, NY, for Appellees Mark Glover, Gregory Parks, Ulises Vargas, Scott Seeley-Hacker, John Sieder, John Ryan, Brad Clemmer, Greg Conners, Tom Cielecy, Richard Jones, and Steven Woodland.

Before JACOBS, Chief Judge, B.D. PARKER, Circuit Judge, and PRESKA, District Judge.

B.D. PARKER, JR., Circuit Judge.

Rodney Thomas appeals from a judgment of the United States District Court for the Southern District of New York (Motley, J.) dismissing, pursuant to Fed. R. Civ. Pro. 12(b)(1), (b)(2), and (b)(6), his complaint alleging that certain named and unnamed defendants violated his constitutional rights by depriving him of medical treatment for his pre-existing glaucoma condition. See Bivens v. Six Unknown Agents of the Fed. Bureau...

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