District Court, N.D. New York March 27, 1997, 6:95-cv-01475 (Marino v. Klages)

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

Introduction

Presently before the Court is the Report-Recommendation of the Honorable Magistrate Judge Gustave J. DiBianco. In the underlying action, the Plaintiff, Leo A. Mari-no, previously an inmate in the New York State Department of Corrections (“DOCS”), brings a civil rights complaint pursuant to 42 U.S.C.