DIEZCABEZA v. LYNCH

No. 97 Civ. 8991(SHS).

75 F.Supp.2d 250 (1999)

Sergio DIEZCABEZA, Plaintiff, v. John E. LYNCH, Robert M. McCarroll, McFarlin Defendants.

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

November 29, 1999.


Attorney(s) appearing for the Case

Sergio Diezcabeza, Pine City, NY, pro se.

Garvin V. Smith, Asst. Atty. Gen., New York City, for defendants.


OPINION

STEIN, District Judge.

Sergio Diezcabeza brought this action pro se pursuant to 42 U.S.C. § 1983, alleging that defendants John E. Lynch, Robert McCarroll, and an individual denominated as "McFarlin" violated plaintiff's Eighth Amendment right to be free from cruel and unusual punishment. Defendant Lynch has moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) on the grounds that plaintiff failed to exhaust his administrative...

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