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JOVA v. SMITH

Docket No. 08-2816-pr.

582 F.3d 410 (2009)

Jesus JOVA, Tyheem Keesh, f/k/a Tyheem Allah, Plaintiffs-Appellants, Kenneth Elmore, Ayinde Fair, Terry Wilson, Plaintiffs, v. Joseph T. SMITH, Superintendent, Shawangunk Correctional Facility, Evan Gorelick, Deputy Superintendent of Programs, Shawangunk Correctional Facility, Glenn S. Goord, Commissioner of Docs, John H. Nuttall, Mark Leonard, George E. Pataki, Cutler, Correction Officer, Shawangunk Correctional Facility, J. Bunce, Correction Officer, Shawangunk Correctional Facility, John Ewanciw, Plant Superintendent, Shawangunk Correctional Facility, Donald Selsky, Director, Special Housing Inmate Disciplinary Program, A.C. Wright, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 28, 2009.

Attorney(s) appearing for the Case

Tyheem Y. Keesh and Jesus M. Jova, pro se, Wallkill, NY, for Plaintiffs-Appellants.

Julie S. Mereson, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Nancy A. Spiegel, Senior Assistant Solicitor General, Martin A. Hotvet, Assistant Solicitor General, of counsel), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, NY., for Defendants-Appellees.

Before CALABRESI and HALL, Circuit Judges, and SESSIONS, District Judge.

PER CURIAM:

Plaintiffs-Appellants Tyheem Keesh and Jesus Jova, pro se and incarcerated, appeal a decision of the district court granting the Defendants' motion for summary judgment and dismissing their 42 U.S.C. § 1983 complaint which alleged several constitutional violations in addition to violations of their rights under the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc

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