On appeal, the U.S. Court of Appeals for the 11th Circuit considered Howell’s argument that the statute of limitations should be tolled because the jail guards had precluded him from exhausting his administrative remedies by not answering his grievances. Since exhaustion was a prerequisite to filing suit, Howell argued that the statute of limitations should be tolled for the time it took him to do so. The 11th Circuit found the record to be inadequate to decide the issue and remanded the case to the district for fact finding. See: Howell v. Proctor, 136 Fed.Appx. 267 (11th Cir. 2005) (unpublished).
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