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BURNS v. MARTUSCELLO

Docket No. 15-1631 August Term, 2017.

890 F.3d 77 (2018)

Mark BURNS, Plaintiff-Appellant, v. Daniel F. MARTUSCELLO, Jr., Superintendent, Coxsackie Correctional Facility, Captain Shanley, Coxsackie Correctional Facility, Sergeant Noeh, Coxsackie Correctional Facility, Schwebler, Guidance Counselor, Coxsackie Correctional Facility, Brian Fischer, Commissioner of New York State Department of Corrections, Teresa Knapp-David, Director of Movement and Control, New York State DOCCS, McGlynn, Guidance Counselor, Coxsackie Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 9, 2018.

Attorney(s) appearing for the Case

NOAM BIALE , Sher Tremonte LLP ( Michael W. Gibaldi , on the brief), New York, N.Y., for Plaintiff-Appellant Mark Burns.

ROBERT M. GOLDFARB , Assistant Solicitor General ( Barbara D. Underwood , Andrew D. Bing , on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, Albany, N.Y., for Defendants-Appellees Daniel F. Martuscello et al.

Before: WALKER and POOLER, Circuit Judges, CRAWFORD, District Judge.

Plaintiff-Appellant Mark Burns appeals from a February 10, 2015 decision and order of the United States District Court for the Northern District of New York (Kahn, J.), adopting the report-recommendation of the magistrate judge (Hummel, M.J.) in its entirety, and granting summary judgment to defendants. Burns...

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