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  1. Keith E. Muller, Plaintiff-appellee, V. Joseph J. Costello, Individually And As Superintendent Of Midstate Correctional Facility; Susan A. Connell, Individually And As Deputy Superintendent Of Administration At Midstate Correctional Facility; John Doe, Individually And As Employee Of The Midstate Correctional Facility; Joseph Sgt. Ward, Sergeant, Individually And As An Agent Of The Midstate Correctional Facility And Thomas Krasko, Individually And As An Employee Of Midstate Correctional Facility, Defendants,the State Of New York; New York State Department Of Correctional Service, Defendants-appellants,united States Of America, Intervenor near Columbus, OH