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VINCENT v. YELICH

Nos. 08-CV-6570L, 09-CV-6323L.

812 F.Supp.2d 276 (2011)

Shawn Michael VINCENT, Plaintiff, v. Superintendent Mr. Bruce S. YELICH, et al., Defendants. Jimmie Johnson, et al., Plaintiffs, v. Brian Fischer, in his individual capacity and his official capacity as Commissioner of the New York State Department of Correctional Services, et al., Defendants.

United States District Court, W.D. New York.

August 29, 2011.

Attorney(s) appearing for the Case

Gary Muldoon , Jon P. Getz , Muldoon and Getz, K. Wade Eaton , Matthew J. Fusco , Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester, NY, for Plaintiffs.

J. Richard Benitez , NYS Attorney General's Office, Rochester, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

INTRODUCTION

Because these two complaints raise identical issues and were argued before the Court on the same day, the cases are consolidated for purpose of this decision.

The respective plaintiffs, Shawn Michael Vincent, and Jimmie Johnson, Seneca Robinson, Gary St. Mary, Walter Eades, Reginald Johnson, Donald McLean, Jeffrey...

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