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United States Third Circuit

Byrd v. Shannon, 11-1744

In 1983 action by plaintiff-prisoner alleging that various Pennsylvania Department of Corrections employees violated his Eighth Amendment rights and were negligent under state law, by failing to provide him with prescription eye drops for his glaucoma, the District Court's order granting summary judgment, its decision to decline reconsideration of its previous order, and its decision to decline supplemental jurisdiction over plaintiff's state law claims are affirmed, where: 1) the dismissal of plaintiff's appeal in Byrd v. Gillis does not constitute a strike so he has only two strikes under 28 U.S.C. 1915(g) and is eligible to proceed in forma pauperis in this appeal; 2) the district court properly found that plaintiff failed to exhaust his administrative remedies by not naming defendant Spencer in his November 3, 2008 grievance; 3) plaintiff has not shown that the delays in supplying his eye drops were due to deliberate indifference; and 4) the district court did not err in declining to reconsider its order, or in declining to exercise supplemental jurisdiction.

Appellate Information

  • Decided 04/25/2013
  • Published 04/25/2013




  • United States Third Circuit


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