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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46878 Judge Jones AN INCARCERATED inmate brought an action against defendants pursuant to 42 USC �1983 and defendants moved to dismiss the amended complaint on the ground that plaintiff failed to exhaust his administrative remedies. Plaintiff, who suffers from asthma, was moved from a single cell into a dormitory that housed cigarette smokers. After this move, plaintiff made a series of complaints advising defendants of his health condition and requesting that he be housed in a non-smoking environment. Although a doctor concluded that plaintiff should be placed in a single cube beside a window or only be housed with a non-smoker, plaintiff was not given alternative housing accommodations. The court granted defendants’ motion to dismiss, determining that writing letters to prison officials is insufficient to exhaust administrative remedies. The court added that the types of representations made by defendant prison officials outside of the grievance process do not warrant an exception to the exhaustion requirement.

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