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RAINES v. PICKMAN

No. 97-CV-0419 (NAM).

103 F.Supp.2d 552 (2000)

Frank RAINES, Plaintiff, v. Sergeant Jay PICKMAN, Correction Officer Kevin Sharlow and Correction Officer Craig Tatro, Defendants.

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

June 5, 2000.

Attorney(s) appearing for the Case

Frank Raines, Moravia, NY, pro se.

Eliot Spitzer, Attorney General, State of New York, The Capitol, Mary E. Hill, Asst. Attorney General, of counsel, Albany, NY, for defendants.

ORDER

MORDUE, District Judge.

This matter commenced trial before this Court on Monday, June 5, 2000. Defendants argued in their pretrial memorandum of law and at oral argument that plaintiff's claim fails because he has not exhausted his administrative remedies as required by the Prisoner Litigation Reform Act ("PLRA"). This argument and motion is delinquent by more than two years, but is entertained herein because the issue may deprive the Court of the...

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