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DAVIS v. BARRETT

Docket No. 08-0479-cv.

576 F.3d 129 (2009)

Samuel Ed DAVIS, Plaintiff-Appellant, v. David L. BARRETT, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 7, 2009.

Attorney(s) appearing for the Case

Kathrine A. Gehring, Duane Morris, LLP, New York, NY (Anthony J. Constantini, Joanna R. Varon, of counsel), for Plaintiff-Appellant.

Martin A. Hotvet, Assistant Solicitor General (Barbara D. Underwood, Solicitor General; Andrea Oser, Deputy Solicitor General; Nancy A. Spiegel, Senior Assistant Solicitor General; and Michael J. Russo, of counsel), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, NY, for Defendant-Appellee.

Before: PARKER and WESLEY, Circuit Judges, CEDARBAUM, District Judge.

PER CURIAM:

Plaintiff-appellant Samuel Ed Davis, an inmate in the custody of the New York State Department of Correctional Services ("DOCS") appeals from a January 15, 2008 decision and order of United States Magistrate Judge Kenneth Schroeder, Jr., granting summary judgment in favor of David Barrett, a DOCS hearing officer, and dismissing Davis's action under 42 U.S.C. § 1983, seeking damages for the alleged abridgment of his procedural due process rights by...

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