United States Second Circuit
BERRY v. KERIK, 03-0017, 03-0141
In a motion for appointment of counsel based on a prison conditions complaint, because prisoner plaintiff failed to exhaust his administrative remedies for several months during which those remedies were available, and because such remedies are no longer available, dismissal with prejudice was proper.
Appellate Information
- Decided 09/25/2003
- Published 09/25/2003
Judges
- JON O. NEWMAN, Circuit Judge., Before: NEWMAN, SOTOMAYOR, and WESLEY, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Joseph T. Berry, pro se, Wyoming Correctional Facility, Attica, N.Y., submitted papers for Plaintiff-Appellant.
- For Appellees:
- Julian L. Kalkstein, Asst. Corporation Counsel, New York, N.Y., submitted papers for Defendants-Appellees.