Mark LARRY, Plaintiff-Appellant, v. P. BYNO, Lieutenant at Franklin Corrections Facility, James Anctil, Corrections Officer at Franklin Correctional Facility, Roy A. Girdich, Superintendent of Franklin Correctional Facility, and Glenn S. Goord, Commissioner of the Department of Correctional Services, DefendantsAppellees, 123 F. App'x 38

SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be VACATED and this case be REMANDED for reconsideration in light of Hemphill v. New York, 380 F.3d 680 (2d Cir.2004).