Rodriguez v. Conway

DECISION AND ORDER

David G. LARIMER, District Judge.

Plaintiff, Evaristo Rodriguez, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services (“DOCS”), alleges that his constitutional rights have been violated in certain respects during his confinement at Attica Correctional Facility.

Plaintiff initially sued five defendants, all of whom are employed by DOCS. On November 12, 2010, plaintiffs claims against one of those defendants, Brian Fischer, were dismissed, based on Fischer’s motion to dismiss…