Opinion
No. 02 Civ. 2345 (LTS)(THK)
October 21, 2002
ORDER
The Court has received two letters from Plaintiff, dated September 17, and September 24, 2002, respectively. In the September 17, 2002 letter, Plaintiff requested that the Court investigate alleged interference by correction officers with Plaintiff's ability to respond to Defendants' pending motion to dismiss, including the theft of his copy of the motion. Plaintiff also complained that his SHU status should have already expired, and he asked the Court to direct the Attorney General to provide him with another copy of the motion and the supporting memorandum. In the September 24 letter, Plaintiff requested that the Court review his September 13, 2002 transfer to Greenhaven Correctional Facility; he again requested that the Court investigate alleged acts by correction officers to interfere with his ability to respond to Defendants' pending motion, and that the Court appoint counsel for Plaintiff.
The Court hereby directs Assistant Attorney General Hartofilis to provide Plaintiff with a copy of Defendants' Motion to Dismiss, and the memorandum of law in filed in support of that motion, no later than October 31, 2002. Plaintiff's time to respond to that motion is hereby extended to November 30, 2002. Plaintiff's request for the appointment of counsel is hereby denied without prejudice to renewal following the Court's decision on the pending motion to dismiss the complaint.
The Plaintiff should note that the alleged acts of obstruction and the transfer to Greenhaven are not subjects of the complaint before the Court. Plaintiff is hereby reminded that, under Title 42, Section 1997e(a) of the United States Code, enacted as part of the Prison Litigation Reform Act of 1996, all available administrative remedies are required to be exhausted with respect to complaints regarding prison conditions before they can be made the subject of a federal lawsuit.
IT IS SO ORDERED.