Robinson et al v. Benbow et al
| Kyle Robinson, Jose Zaball, Marvin Sanders, William Parker, Vincent George, Jr., Broad Perry and Alfonso Duran |
| Benbow, Phillips, Yousuf, Hamer, Fleurimand, Massey, Harvey and Pendegrass |
| 1:2013cv03514 |
| May 14, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P. Kevin Castel |
| James L. Cott |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
31
MEMORANDUM AND ORDER granting 22 Motion for Summary Judgment. Defendants have met their burden of showing that no genuine dispute exists as to plaintiffs' failure to exhaust their remedies under the IGRP, and plaintiffs have not submitted a ny countervailing evidence. Thus, plaintiffs claims are barred by the PLRA's exhaustion requirement. I need not reach defendants' further arguments that the strip searches were reasonable or that defendants are entitled to qualified immun ity. Defendants' motion for summary judgment is GRANTED. The Clerk shall enter judgment for the defendants. Counsel for defendants shall provide plaintiffs with copies of all unreported decisions cited herein. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge P. Kevin Castel on 10/3/2014) Copies Mailed By Chambers. (lmb)
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