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SMITH v. KELLY

No. 9:06-CV-0505 (GTS/ATB).

985 F.Supp.2d 275 (2013)

Julio Isley SMITH, Plaintiff, v. C.F. KELLY, Jr., Captain, Great Meadow Corr. Facility; and James Levine, Prison Guard, Great Meadow Corr. Facility, Defendants.

United States District Court, N.D. New York.

October 30, 2013.

Attorney(s) appearing for the Case

Martin A. Lynn, Esq. , Lynn Law Firm, Syracuse, NY, Pro Bono Trial Counsel for Plaintiff.

James Seamon, Esq. , Assistant Attorney General, Eric T. Schneiderman , Attorney General for the State of New York, Albany, NY, for Defendants.

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court is a prisoner civil rights action filed by Julio Isley Smith ("Plaintiff) asserting a claim of retaliation against Great Meadow Correctional Facility Captain C.F. Kelly and Prison Guard James Levine ("Defendants") pursuant to the First Amendment and 42 U.S.C. § 1983, alleging that, because Plaintiff sent a written "racial assault charge" to the Office of the New York...

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