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CRUZ v. JORDAN

No. 98 CIV. 0363(AKH).

80 F.Supp.2d 109 (1999)

Felix CRUZ, Plaintiff, v. Dr. Barry JORDAN, et al., Defendants.

United States District Court, S.D. New York.

Opinion on Reconsideration December 22, 1999.

Attorney(s) appearing for the Case

Daniel Haym Weiner, Hughes Hubbard & Reed, New York, NY, for Felix Cruz.

Felix Cruz, Stormville, NY, pro se.

Valerie Singleton, Dennis C. Vacco, Atty General of the State of NY, New York, NY, for Barry Jordan.

Dennis C. Vacco, Atty General of the State of NY, New York, NY, for Green Haven C.F.

Valerie Singleton, Atty General of the State of NY, New York, NY, for C.O. M. Prusak, A.D. Miller, Ms. Fish-Gerald, Dr. Selwin, Dr. Mamis, C.O. M. Coryers.

OPINION

HELLERSTEIN, District Judge.

Plaintiff Felix Cruz brings this action pursuant to 42 U.S.C. § 1983 seeking monetary damages for injuries he suffered due to defendants' alleged deliberate indifference to his medical needs. Defendants move pursuant to Federal Rule of Civil Procedure 12(b) to dismiss the action on the ground that plaintiff failed to exhaust his administrative remedies pursuant to the exhaustion requirement of the Prison Litigation...

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