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MICHTAVI v. NEW YORK DAILY NEWS

Docket No. 08-2111-cv.

587 F.3d 551 (2009)

Shemtov MICHTAVI, Plaintiff-Appellant, v. NEW YORK DAILY NEWS, The Polish Daily News, Mathew Kalman, Does # 1-# 10, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 25, 2009.

Attorney(s) appearing for the Case

Shemtov Michtavi, White Deer, PA, pro se, for Appellant.

Marion Bachrach, Dana Moskowitz, DePetris & Bachrach, LLP, New York, NY; Laura R. Handman, Davis Wright Tremaine LLP, Washington, DC; Anne B. Carroll, Deputy General Counsel, Daily News, L.P., New York, NY, for Appellees.

Before: JACOBS, Chief Judge, KEARSE, Circuit Judge, and GARDEPHE, District Judge.

DENNIS JACOBS, Chief Judge:

Shemtov Michtavi, pro se, alleges defamation and intentional infliction of emotional distress based on news reports, published by the New York Daily News and the Polish Daily News, that Michtavi, who is incarcerated, planned to cooperate with prosecutors. Michtavi appeals from the judgment of the United States District Court for the Southern District of New York (Sand, J.) dismissing the complaint for failure to state a claim...

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