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SETH H. HARRIS, SR., Plaintiff, v. DUKE TERRELL, et al., Defendants.

ORDER

SAM CROW, Senior District Judge

This matter is before the court on a Bivens complaint filed pro se by a prisoner confined in the United States Penitentiary in Leavenworth, Kansas (USPLVN).

Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971).

The Prison Litigation Reform Act (PLRA), effective April 26, 1996, mandates that "[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). See also, Booth v. Churner, 531 U.S. 956 (2001) (Section 1997e(a), as amended by PLRA, requires prisoners to exhaust administrative remedies irrespective of the relief sought and offered through administrative channels).

In the present case, plaintiff seeks damages for being subjected to safety and sanitation hazards at USPLVN. Although plaintiff states he fully exhausted administrative remedies on these claims, he documents only a completed administrative appeal through the regional level. Plaintiff documents his submission of an appeal to the BOP central office on June 30, 2006, but provides no copy of the response received in that appeal. This is insufficient to demonstrate full exhaustion of administrative remedies. See Steele v. Federal Bureau of Prisons, 355 F.3d 1204, 1210 (10th Cir. 2003) (pleading requirement imposed by 1997e(a) requires a prisoner to attach a copy of applicable administrative dispositions to the complaint, or to "describe with specificity the administrative proceeding and its outcome"), cert. denied 543 U.S. 925 (2004). The court thus grants plaintiff an opportunity to demonstrate full exhaustion of administrative remedies.

IT IS THEREFORE ORDERED that plaintiff is granted twenty (20) days to supplement the complaint to avoid dismissal of this action pursuant to 42 U.S.C. § 1997e(a).

IT IS SO ORDERED.

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HARRIS v. TERRELL
(Aug 1, 2006)