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GIBSON v. GOORD

Docket Nos. 99-0324, 00-0073.

280 F.3d 221 (2002)

Rufus GIBSON, Plaintiff-Appellant, v. Glenn S. GOORD, Acting Commissioner of NYS Docs; Phillip Coombe, Jr., former Commissioner of Docs; David H. Miller, Superintendent, Eastern New York Correctional Facility; R.J. Cunningham, Deputy Superintendent, ENYCF; Dr. Milicevic, Physician at ENYCF; T.J Lucas, Sergeant at ENYCF, Defendants-Appellees. James Hanton, Plaintiff-Appellant, v. B. Grotta, Warden, I/O, Bridgeport Correctional Center, Med. Dept., I/O, Jerome Tung, Dr., I/O and D. Welch, RN/ACHN, I/O, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 8, 2002.

Attorney(s) appearing for the Case

Rufus Gibson, pro se, Bare Hill Correctional Facility, Malone, NY.

James Hanton, pro se, Cheshire Correctional Institute, Cheshire, CT.

Eliot Spitzer, NY, State Atty. General, Nancy A. Spiegel, Martin A. Hotvet, Asst. Solicitors General, Albany, NY, on the brief, for Defendants-Appellees Goord, et al.

Richard Blumenthal, Atty. General, Steven R. Strom, Asst. Atty. General, Hartford, CT, on the brief, for Defendants-Appellees Grotta, et al.

Before: WALKER, Chief Judge, JON O. NEWMAN, and PARKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

These two appeals in unrelated cases involving prisoner suits brought under 42 U.S.C. § 1983 both present primarily the issue of whether the complaints were properly dismissed pursuant to 42 U.S.C. § 1997(e) for lack of exhaustion of administrative remedies. The issue arises on an appeal by James Hanton from the February 15, 2000, judgment of the District Court for the District of Connecticut (William I. Garfinkel, Magistrate...

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