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SMITH v. FISCHER

No. 14-3857.

803 F.3d 124 (2015)

Brunce SMITH, Plaintiff-Appellant, v. Brian FISCHER, Commissioner, D. Venettozzi, Acting Director of Shu, Joseph Wolczyk, Hearing Officer; Auburn Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 5, 2015.

Attorney(s) appearing for the Case

Brunce Smith, pro se, Dannemora, N.Y.

Jonathan D. Hitsous, Esq. , Assistant Solicitor General, Albany, N.Y., for Appellees.

Before: WINTER, WALKER, and JACOBS, Circuit Judges.

Plaintiff Brunce Smith moves for appointment of counsel in his appeal from a judgment of the United States District Court for the Northern District of New York (D'Agostino, J.), entered on September 26, 2014, dismissing his complaint on summary judgment. The underlying issue is whether an inmate may implicitly waive his right to attend...

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