Court of Appeals for the Second Circuit October 9, 1997, 1631; Docket 96-2852 (Josef Fischl v. David Armitage, Corrections Sergeant, and S.A. Marshall, Corrections Officer, in Their Individual Capacities)

KEARSEj Circuit Judge:

Plaintiff Josef Fischl, formerly an inmate in New York State’s Clinton Correctional Facility (“Clinton”), appeals from a final judgment of the United States District Court for the Northern District of New York, Daniel Scanlon, Jr.,

Magistrate Judge,

dismissing his complaint, brought under 42 U.S.C. § 1983 (1994), alleging that defendants David Armitage and S.A.