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ORTIZ v. McBRIDE

Docket No. 02-0088.

323 F.3d 191 (2003)

Jose ORTIZ, Plaintiff-Appellant, v. D. MCBRIDE, Sgt. & R.O. Mara, Counselor of Arthur Kill Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 21, 2003.

Attorney(s) appearing for the Case

Jose Ortiz, Malone, NY, pro se.

Marion R. Buchbinder, Martin Hotvet, Thomas B. Litsky, Assistant Solicitors General, for Eliot Spitzer, Attorney General of the State of New York, New York, NY, for Defendants-Appellees.

Before: CALABRESI and SACK, Circuit Judges, and PAULEY, District Judge.

PER CURIAM.

Jose Ortiz appeals the dismissal of claims that he brings pursuant to 42 U.S.C. § 1983 for alleged violations of his rights under the Eighth and Fourteenth Amendments to the United States Constitution. This appeal raises a number of issues as to the exhaustion requirements of the Prison Litigation Reform Act of 1995 (PLRA), Pub.L. No. 104-134, Title VIII, 110 Stat. 1321-66 (1996), as well as significant questions on the merits of Ortiz's claims. We...

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