Legal Opinion
Baez v. Kahanowicz
District Court, S.D. New York
Decided January 17, 2007No. 03 Civ. 4658(RJH)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HOLWELL, District Judge.
Plaintiff Miguel Baez brings this action pro se under 42 U.S.C. § 1983 alleging that defendant Dr. Yaff Kahanowicz was deliberately indifferent in providing him medical care and violated his Eighth Amendment rights. Defendant now moves to dismiss the amended complaint on the grounds that it names the wrong defendant, that plaintiff failed to exhaust administrative remedies, and that service was improper. Because the Court finds that the named defendant had no involvement with plaintiff, and that plaintiffs failure to exhaust administrative…
2Cases cited22 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Porter v. NussleSupreme Court of the United States · 2002
- Edward E. Lucente, Plaintiff-Appellee-Cross-Appellant v. International Business MacHines Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2002
- Bonnie M. KERZER, Plaintiff-Appellant, v. KINGLY MANUFACTURING, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1998
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3Cited by4 opinions
- Bridgeforth v. BartlettDistrict Court, W.D. New York · 2010
- Abdell v. City of New YorkDistrict Court, S.D. New York · 2010
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- Evans v. SuperintendentDistrict Court, S.D. New York · 2025