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Delay in Appealing Grievance Denial Bars Suit

Loaded on May 15, 2007

Filed under: Civil Procedure, Administrative Exhaustion. Location: Wisconsin.

The plaintiff grieved and had 10 days to appeal. He waited a year. The
grievance system has discretion to permit late appeals, but they didn't in
this case. The plaintiff is barred for non-exhaustion. At 1023-24:

. . . [U]nless the prisoner completes the administrative process by
following the rules …

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