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Marvin v. Goord

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Argued: May 14, 2001

Plaintiff, pro se and incarcerated, appeals from a judgment of the United States District Court for the Western District of New York (Elfvin, J.) dismissing two of plaintiff’s claims on the merits and dismissing his remaining claims for failure to exhaust his administrative remedies as required by 42 U.S.C. � 1997e. Plaintiff also appeals from orders of the district court denying preliminary injunctive relief and reconsideration of the judgment. We vacate the district court’s denial of preliminary injunctive relief and vacate in part the court’s dismissal of plaintiff’s claims and remand for further proceedings with respect to these portions of the action. We affirm the district court’s dismissal of plaintiff’s other claims and its denial of plaintiff’s motion for reconsideration.

Vacated and remanded in part and affirmed in part.

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