United States Second Circuit

In a motion for appointment of counsel based on a prison conditions complaint, because prisoner failed to exhaust his administrative remedies, and because such remedies are no longer available, dismissal with prejudice was proper. (Amended opinion)

Appellate Information

• Decided 09/25/2003
• Published 04/29/2004

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.