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BERRY v. KERIK

Nos. 03-0017, 03-0141.

345 F.3d 126 (2003)

Joseph Berry, Plaintiff-Appellant, v. Bernard B. Kerik, Commissioner of New York City Department of Corrections, et al., Defendants-Appellees. Joseph T. Berry, Plaintiff-Appellant, v. Bernard B. Kerik, Commissioner of New York City Department of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 25, 2003.

Attorney(s) appearing for the Case

Joseph T. Berry, pro se, Wyoming Correctional Facility, Attica, N.Y.

Before: NEWMAN, SOTOMAYOR, and WESLEY, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This motion for appointment of counsel on appeal merits a brief opinion to clarify whether a district court should dismiss with or without prejudice a prison conditions complaint by a prisoner who has not exhausted administrative remedies. The motion is brought by Joseph T. Berry after judgment was entered in the District Court for the Southern District of New York (Richard M. Berman, District Judge), dismissing with prejudice two complaints...

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