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ORTIZ v. McBRIDE

No. 02-0088.

380 F.3d 649 (2004)

Jose ORTIZ, Plaintiff-Appellant, v. D. McBRIDE, Sgt. & R.O. Mara, Counselor of Arthur Kill Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2004.

Attorney(s) appearing for the Case

John Boston, The Legal Aid Society (Daniel L. Greenberg, Mary Lynne Werlwas, of counsel), New York, NY, for Appellant.

David Lawrence III, Assistant Solicitor General for the State of New York (Eliot Spitzer, Attorney General of the State of New York; Caitlin J. Halligan, Solicitor General; Michael S. Delohlavek, Deputy Solicitor General; Martin Hotvet, Thomas B. Litsky, Sachin S. Pandya, Assistant Solicitors General, of counsel), New York, NY, for Appellees.

Before: CALABRESI and SACK, Circuit Judges, and PAULEY, District Judge.

SACK, Circuit Judge.

In this appeal, we consider whether the exhaustion provision of the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(a), requires a federal district court to dismiss in its entirety a prisoner's complaint brought pursuant to 42 U.S.C. § 1983 with respect to the conditions of his or her incarceration if the complaint contains any claim that has not been administratively exhausted within...

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