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GLEASH v. YUSWAK

No. 01-1346.

308 F.3d 758 (2002)

Marvin D. GLEASH, Sr., Plaintiff-Appellant, v. Michael YUSWAK, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 2002.

Attorney(s) appearing for the Case

Cyrus Amir-Mokri (argued), Skadden, Arps, Slate, Meagher & Flom, New York City, for Plaintiff-Appellant.

Illinois Office of Attorney General was invited to file a response brief. The brief was filed and case was argued by A. Benjamin Goldgar, Office of Attorney General, Chicago, IL.

Before BAUER, EASTERBROOK, and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

Marvin Gleash has filed two essentially identical suits complaining that prison guards violated the eighth amendment by confiscating a back brace that the prison's medical staff had provided. The district court dismissed the first suit with prejudice under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim on which relief may be granted. The judge viewed the complaint as challenging the medical staff's...

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