Diezcabeza v. Lynch

OPINION

STEIN, District Judge.

Sergio Diezcabeza brought this action pro se pursuant to 42 U.S.C. § 1983, alleging that defendants John E. Lynch, Robert McCarroll, and an individual denominated as “McFarlin” violated plaintiffs Eighth Amendment right to be free from cruel and unusual punishment. Defendant Lynch has moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) on the grounds that plaintiff failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act of 1996 (PLRA). 1 For the reasons set forth below, defendant’s motion is granted.

I. Background