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CASTILLO v. BUDAY

No. 99 CIV 1372 JES.

85 F.Supp.2d 309 (2000)

Jose CASTILLO, Plaintiff, v. Charles BUDAY, W. Glasser, J. Peryea, and C. Grima, Defendants.

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

March 1, 2000.

Attorney(s) appearing for the Case

Jose Castillo, Auburn, New York, pro se.

Eliot Spitzer, Attorney General of the State of New York, New York, New York, Thomas Sofield, Assistant Attorney General, of counsel, for Defendants.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiff pro se brings this action against Charles Buday, W. Glasser, J. Peryea, and C. Grima, pursuant to 42 U.S.C. § 1983 alleging that defendants violated his Eight Amendment rights. Defendants move to dismiss this action pursuant to Rule 12(b) of the Federal Rules of Civil Procedure on the ground that plaintiff has failed to exhaust...

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