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ALLEN v. FORD

No. 09-CV-6203L.

880 F.Supp.2d 407 (2012)

Larry ALLEN, Plaintiff, v. C.O. FORD, Wende Correctional Facility, et al., Defendants.

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

July 30, 2012.

Attorney(s) appearing for the Case

James E. Metzler , Scott M. Mooney , Boylan, Brown, Code, Vigdor & Wilson, LLP, Rochester, NY, for Plaintiff.

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

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Larry Allen ("Allen"), who was an inmate in the custody of the New York State Department of Corrections ("DOCS") at the Wende Correctional Facility ("Wende"), originally brought this civil rights action pursuant to 42 U.S.C. § 1983 pro se, but has since been appointed counsel. Allen claims that on or about January 26, 2006, while working as a cafeteria porter, he sustained second...

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