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MESSA v. GOORD

Docket No. 10-1019-pr.

652 F.3d 305 (2011)

Rafael MESSA, Plaintiff-Appellant, v. Glenn GOORD, Commissioner, Department of Correctional Services, Lester N. Wright, Deputy Commissioner/Chief Medical Officer, Department of Correctional Services, Marc F. Stern, Regional Medical Director, Department of Correctional Services, Steven VanBuren, Regional Health Services Administration, Lucien J. LeClaire, Jr., Deputy Commissioner, Charles R. Greiner, Superintendent, GHCF, George B. Duncan, Superintendent, GHCF, Albert Paolano, Facility Health Service Director, CMCF, Howard Silverberg, Dr. Bendhein, Medical Doctor, GHCF, Dr. Nunez, Ms. Rodas, Physician's Assistant, Mr. Nesmith, Paul Burndrick, Nurse Administrator, C. Martuscello, Defendants, V. Blaestz, Senior Correctional Counselor, John Tierney, Correctional Sergeant, S. Ullrich, Correctional Sergeant, Gerald Tillotson, David Mazzella, Charles V. Austin, W.R. Kelly, C. Mitchell, J. Erns, M. Miller, M. Mrzyglod, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 26, 2011.

Attorney(s) appearing for the Case

David J. Marck and Jeffrey Rose-Steinberg, ** Seton Hall University School of Law, Center for Social Justice, Newark, NJ, for Plaintiff-Appellant.

Martin Hotvet, Assistant Solicitor General ( Barbara D. Underwood, Solicitor General, and Michael S. Belohlavek, Senior Counsel, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Before: B.D. PARKER and CHIN, Circuit Judges, and KORMAN, District Judge.

PER CURIAM:

In this appeal, we consider whether a plaintiff in a lawsuit governed by the Prison Litigation Reform Act of 1995 (the "PLRA") is entitled to a jury trial on disputed factual issues relating to his exhaustion of administrative remedies. The district court held that he is not. We agree.

BACKGROUND

On March 25, 2001, plaintiff-appellant Rafael Messa, an inmate in the custody of the New York State Department of Correctional Services...

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