Legal Opinion
Berry v. Kerik
Court of Appeals for the Second Circuit
Decided April 29, 2004No. Docket Nos. 03-0017, 03-0141PublishedCited by 104 opinions
1Opinion of the Court
JON 0. NEWMAN, Circuit Judge.
This motion for appointment of counsel on appeal merits a brief opinion1 to clarify whether a district court should dismiss with or without prejudice a prison conditions complaint by a prisoner who has not exhausted administrative remedies. The motion is brought by Joseph T. Berry after judgment was entered in the District Court for the Southern District of New York (Richard M. Berman, District Judge), dismissing with prejudice two complaints against New York City prison officials. Because Berry failed to exhaust his administrative remedies for several months…
2Cases cited14 opinions
- Porter v. NussleSupreme Court of the United States · 2002
- Crawford-El v. BrittonSupreme Court of the United States · 1998
- Bennie Cooper v. A. Sargenti Co., Inc.Court of Appeals for the Second Circuit · 1989
- Harris v. GarnerCourt of Appeals for the Eleventh Circuit · 2000
- Raymond W. Snider v. Dr. MelindezCourt of Appeals for the Second Circuit · 1999
9 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- Bryant v. RichCourt of Appeals for the Eleventh Circuit · 2008
- Hemphill v. New YorkCourt of Appeals for the Second Circuit · 2004
- Holland v. City of New YorkDistrict Court, S.D. New York · 2016
- Hemphill v. New YorkCourt of Appeals for the Second Circuit · 2004
- Giano v. GoordCourt of Appeals for the Second Circuit · 2004
99 more not listed; retrieve them via the Exa API.