Bryant v. Rich, 530 F.3d 1368 (11th Cir. 2007). · Go Syfert
Bryant v. Rich, 530 F.3d 1368 (11th Cir. 2007). Cases Citing This Book View Copy Cite
Quick Summary

To exhaust administrative remedies under the PLRA, prisoners must properly take each step within the administrative process.

An inmate filed a § 1983 action alleging excessive force and deliberate indifference by prison officials. The inmate argued that administrative remedies were unavailable because officials denied him grievance forms and used threats of violence. The court held that under the Prison Litigation Reform Act, an inmate must exhaust all available administrative remedies before filing a lawsuit. Because the inmate transferred to a new facility where grievance procedures were available, and he failed to utilize the opportunity to request consideration for an untimely grievance by showing good cause, he failed to exhaust his remedies. The court granted summary judgment in favor of the defendants.

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530 F.3d at 1378 Exhaustion of administrative remedies under PLRA88 citing casesTo exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’” (quoting Johnson v. Meadows, 418 F.3d 1152, 1157 (11th Cir. 2005))11 citing courts put it this way · 15 listed here
  • Gordon v. Barnhart, No. 5:23-cv-00304 (M.D. Ga. Oct. 4, 2024).
    (To exhaust administrative remedies in accordance with the PLRA, prisoners ‘must properly take each step within the administrative process.’)
  • Nelson v. Sgt. Starling, No. 3:22-cv-01306 (M.D. Fla. Jan. 12, 2024). 2 cites
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’)
  • Fullard v. Robinson, No. 3:22-cv-00672 (M.D. Fla. Sept. 26, 2023). 2 cites
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’)
  • Boggs v. Doe, No. 3:22-cv-00914 (M.D. Fla. Sept. 18, 2023). 3 cites
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’)
  • (PC) Hearne v. Farhat, No. 2:20-cv-00557 (E.D. Cal. Jan. 23, 2023).
    (If 10 their initial grievance is denied, prisoner must file a timely appeal.)
  • McPherson v. Ward, No. 6:21-cv-00034 (S.D. Ga. July 5, 2022). 2 cites
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’)
  • Ruiz v. Johns, No. 5:19-cv-00017 (S.D. Ga. Oct. 31, 2019). 4 cites
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’)
  • Holgado v. United States, No. 5:19-cv-00009 (S.D. Ga. Oct. 31, 2019). 3 cites
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’)
  • Logsdon, No. 5:24-cv-00470 (M.D. Fla. Feb. 4, 2026). 2 cites
    Bryant v. Rich, 530 F.3d 1368, 1378 (11th Cir. 2008).
  • Bowden, No. 2:23-cv-00382 (M.D. Fla. Nov. 25, 2025).
    Bryant v. Rich, 530 F.3d 1368, 1378 (11th Cir. 2008).
Show 5 more citing cases
  • Junco v. Ware State Prison, No. 5:23-cv-00027 (S.D. Ga. Sept. 15, 2025).
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’” (quoting Johnson v. Meadows, 418 F.3d 1152, 1157 (11th Cir. 2005)))
  • Jackson v. Danforth, No. 5:23-cv-00096 (S.D. Ga. Sept. 12, 2025).
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’” (quoting Johnson v. Meadows, 418 F.3d 1152, 1157 (11th Cir. 2005)))
  • Price v. Mcdaniel, No. 5:24-cv-00366 (M.D. Ga. Sept. 3, 2025).
    Where a prison’s grievance policy contains multiple steps, i.e., an initial grievance, followed by one or more appeals, a prisoner must “properly take each step within the administrative process.” Bryant v. Rich, 530 F.3d 1368, 1378 (11th…
  • Cannon v. Danforth, No. 5:24-cv-00025 (S.D. Ga. Aug. 26, 2025).
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’” (quoting Johnson v. Meadows, 418 F.3d 1152, 1157 (11th Cir. 2005)))
  • Goodman v. Tillman, No. 6:23-cv-00054 (S.D. Ga. Aug. 19, 2025).
    (To exhaust administrative remedies in accordance with the PLRA, prisoners must ‘properly take each step within the administrative process.’” (quoting Johnson v. Meadows, 418 F.3d 1152, 1157 (11th Cir. 2005)))
530 F.3d at 1376 Judicial authority to resolve factual disputes on motions to dismiss150 citing casesWhere exhaustion . . . is treated as a matter in abatement and not an adjudication on the merits, it is proper for a judge to consider facts outside the pleadings and to resolve factual disputes . . . .2 citing courts put it this way · 10 listed here
  • Deffendall v. Indian River Cnty. Sheriff, No. 2:21-cv-14201 (S.D. Fla. June 9, 2023). 3 cites
    ([E]xhaustion . . . is treated as a matter in abatement and not an adjudication on the merits.)
  • Acree v. Allen, No. 6:17-cv-00107 (S.D. Ga. Aug. 16, 2019). 2 cites
    (Where exhaustion . . . is treated as a matter in abatement and not an adjudication on the merits, it is proper for a judge to consider facts outside the pleadings and to resolve factual disputes . . . .)
  • Troy Hack v. Brett Edwards, Edwards Auto., No. 18-0795 (Iowa Ct. App. Jan. 9, 2019).published
    ([A] judge may make factual findings necessary to resolve motions to dismiss for lack of personal jurisdiction, improper venue, and ineffective service of process.)
  • Cedric Warren v. Dep't of Def., Et Al., No. 5:24-cv-01456 (N.D. Ala. Apr. 7, 2026). 2 cites
    Ala. Feb. 9, 2018) (citing Bryant v. Rich, 530 F.3d 1368, 1376 (11th Cir. 2008)).
  • Kersha Leanie Lampson Hodgson v. Starboard Cruise Servs., Inc., Celebrity Cruise Line, Inc., Int'l Cruise Shops, Ltd., & Celebrity Silhouette, Inc., No. 1:25-cv-23669 (S.D. Fla. Apr. 1, 2026).
    Bryant v. Rich, 530 F.3d 1368, 1376 (11th Cir. 2008).
  • Falisha Bell v. Miami-Dade Cnty., No. 1:24-cv-23778 (S.D. Fla. Jan. 27, 2026).
    However, in a motion to dismiss for administrative exhaustion, “the Court can consider facts outside of the pleadings and to resolve factual disputes so long as the factual disputes do not decide the merit.” Bryant v. Rich, 530 F.3d 1368,…
  • Thomas, No. 8:25-cv-01327 (M.D. Fla. Dec. 2, 2025).
    Bryant v. Rich, 530 F.3d 1368, 1376 (11th Cir. 2008).
  • Rani Bolton v. Inland Fresh Seafood Corp. of Am., Inc., 155 F.4th 1272 (11th Cir. 2025).published 3 cites
    To decide whether a plaintiff faithfully complied with the ex- haustion requirement, “it is proper for a judge to consider facts out- side of the pleadings and to resolve factual disputes so long as the factual disputes do not decide the me…
  • Coates v. Walker, No. 5:25-cv-00088 (M.D. Ga. Sept. 15, 2025).
    If, however, Defendants have alleged that Plaintiff’s claims should be dismissed for failure to exhaust administrative remedies available through the Georgia Department of Corrections, “[t]he judge properly may consider facts outside of th…
  • Hogan v. Ivey, Jr., No. 5:25-cv-00284 (M.D. Ga. Aug. 28, 2025).
    If, however, Defendants have alleged Plaintiff’s claims should be dismissed for failure to exhaust administrative remedies, “[t]he judge properly may consider facts outside of the pleadings to resolve a factual dispute as to exhaustion whe…
530 F.3d at 1375 Deciding exhaustion defense on motion to dismiss36 citing cases[E]xhaustion should be decided on a Rule 12(b) motion to dismiss[.]4 citing courts put it this way · 7 listed here
  • Parke v. Delta Air Lines Inc., No. 6:23-cv-02221 (M.D. Fla. Feb. 13, 2025).
    ([E]xhaustion should be decided on a . . . motion to dismiss[.])
  • Houston v. Lawson, No. 5:23-cv-00020 (M.D. Ga. Aug. 16, 2023). 3 cites
    ([E]xhaustion should be decided on a Rule 12(b) motion to dismiss[.])
  • Jackson v. Clark, No. 5:22-cv-00459 (M.D. Ga. Aug. 10, 2023). 3 cites
    ([E]xhaustion should be decided on a Rule 12(b) motion to dismiss[.])
  • Clayton v. Mitchell, No. 5:21-cv-00335 (M.D. Ga. Mar. 14, 2023). 3 cites
    ([E]xhaustion should be decided on a Rule 12(b) motion to dismiss[.])
  • Jesse Mendoza, Sr. v. United States of Am. through its agency Internal Revenue Serv., No. 25-01043 (Bankr. D.N.M. May 5, 2026).
    Ga. 2014) (“A motion to dismiss for failure to exhaust administrative remedies is treated as a motion to dismiss under Rule 12(b).” (citing Bryant v. Rich, 530 F.3d 1368, 1375 (11th Cir. 2008))).
  • Council, No. 2:25-cv-00312 (M.D. Ala. Dec. 2, 2025). 3 cites
    Petitioner has not directly challenged the BOP’s regulations, only their application to him personally, raising further questions about this court’s subject matter jurisdiction. 8 “That motions to dismiss for failure to exhaust are not exp…
  • Tompkins, No. 2:25-cv-00215 (M.D. Ala. Nov. 20, 2025). 3 cites
    (Doc. # 11 at 3–7.) In support of this argument, Respondent has provided a declaration from a BOP 5 “That motions to dismiss for failure to exhaust are not expressly mentioned in Rule 12(b) is not unusual or problematic.” Bryant v. Rich, 5…
530 F.3d at 1374 Exhaustion of administrative remedies as precondition to merits222 citing cases[A]n exhaustion defense []is not ordinarily the proper subject for a summary judgment; instead, it should be raised in a motion to dismiss, or be treated as such if raised in a motion for summary judgment.1 citing court put it this way · 7 listed here
  • Cooper v. Jones, No. 2:19-cv-00236 (M.D. Fla. Aug. 10, 2021). 2 cites
    ([A]n exhaustion defense []is not ordinarily the proper subject for a summary judgment; instead, it should be raised in a motion to dismiss, or be treated as such if raised in a motion for summary judgment.)
  • Charlie Jackson v. Alachua Cnty. Bd. of Cnty. Commissioners, No. 1:24-cv-00101 (N.D. Fla. Feb. 26, 2026).
    Id.; Bryant v. Rich, 530 F.3d 1368, 1374-76 (11th Cir. 2008).
  • Avery, No. 3:24-cv-00100 (M.D. Fla. Jan. 9, 2026).
    Importantly, exhaustion of available administrative remedies is “a _ precondition to an adjudication on the merits.” Bryant v. Rich, 530 F.3d 1368, 1374 (11th Cir. 2008); see also Jones, 549 U.S. at 211 .
  • Clay, No. 5:25-cv-00057 (M.D. Ga. Dec. 18, 2025).
    Bryant v. Rich, 530 F.3d 1368, 1374-75 (11th Cir. 2008) (citations omitted); see Chesnut v. CC Servs., Inc., 2020 WL 1433876 , at *3 (M.D.
  • Fletcher v. Cartwright, No. 3:24-cv-00286 (M.D. Fla. Sept. 11, 2025). 3 cites
    Importantly, exhaustion of available administrative remedies is “a precondition to an adjudication on the merits[.]” Bryant v. Rich, 530 F.3d 1368, 1374 (11th Cir. 2008); see also Jones, 549 U.S. at 211 .
  • Bates v. Robinson, No. 3:23-cv-01035 (M.D. Fla. Aug. 22, 2025).
    Bryant v. Rich, 530 F.3d 1368, 1374 (11th Cir. 2008).
  • Haynes v. Nelnet Servicing LLC, No. 5:25-cv-00221 (M.D. Ga. Aug. 19, 2025).
    The Eleventh Circuit has said in other contexts that “[e]xhaustion of administrative remedies [ordinarily] is a matter in abatement that should be raised in a motion to dismiss, or treated as such if raised in a motion for summary judgment…
530 F.3d at 1373 Determining judicial discretion regarding exhaustion requirement86 citing casesWe have no discretion to waive this exhaustion requirement.3 citing courts put it this way · 6 listed here · 1 cautionary
  • Denson v. Riley, No. 6:24-cv-00045 (S.D. Ga. Oct. 21, 2024). Cited "but see" · 2 cites
    (Even assuming—without deciding—that no grievance procedures were available . . ., the record supports that [the plaintiff] did have grievance procedures available to him when he transferred to GSP.)
  • Lewis, No. 9:24-cv-81305 (S.D. Fla. Feb. 26, 2026). 2 cites
    (We have no discretion to waive this exhaustion requirement.)
  • Pennington v. Centurion Health Inc., No. 2:23-cv-14206 (S.D. Fla. Mar. 22, 2024).
    (We have no discretion to waive this exhaustion requirement.)
  • Weeks v. Braddy, No. 1:22-cv-22202 (S.D. Fla. Mar. 23, 2023). 3 cites
    (We have no discretion to waive this exhaustion requirement.)
  • Rayford, No. 3:25-cv-00627 (N.D. Fla. Mar. 9, 2026). 2 cites
    If, in that light, the defendant is entitled to have the complaint dismissed for failure to exhaust administrative remedies, it must be dismissed.” Id. (citing Bryant v. Rich, 530 F.3d 1368, 1373-74 (11th Cir. 2008)).
  • DeJoy, No. 5:24-cv-01415 (N.D. Ala. Dec. 3, 2025). 2 cites
    Turner v. Burnside, 541 F.3d 1077, 1082-83 (11th Cir. 2008) (internal citations omitted) (citing, inter alia, Bryant v. Rich, 530 F.3d 1368, 1373-74 (11th Cir. 2008)); see also Tillery v. U.S. Dep’t of Homeland Sec., 402 F. App’x 421, 424-…
530 F.3d at 1377 Review of district court factual findings for clear error44 citing casesAlso, because the district court treated Defendants’ motions to dismiss like motions for summary judgment, Priester was given an opportunity to develop a record by obtaining affidavits and attaching them to his filings; and Priester did so.1 citing court put it this way · 3 listed here
  • Deffendall v. Indian River Cnty. Sheriff, No. 2:21-cv-14201 (S.D. Fla. Nov. 24, 2023). 3 cites
    (Also, because the district court treated Defendants’ motions to dismiss like motions for summary judgment, Priester was given an opportunity to develop a record by obtaining affidavits and attaching them to his filings…)
  • Augusme v. Carlton, No. 1:21-cv-20990, 2022 WL 10042943 (S.D. Fla. Oct. 17, 2022). 3 cites
    (Where exhaustion— like jurisdiction, venue, and service of process—is treated as a matter in abatement and not an adjudication on the merits, it is proper for a judge to consider facts outside of the pleadings and to r…)
  • Jessica Hernandez v. United States, No. 25-11336 (11th Cir. June 8, 2026).unpublished
    Dimanche v. Brown, 783 F.3d 1204, 1210 (11th Cir. 2015); Bryant v. Rich, 530 F.3d 1368, 1377 (11th Cir. 2008). 2 2 In United States v. Wong, 575 U.S. 402 (2015), the Supreme Court held that § 2401(b)’s two-year time bar is non-jurisdiction…
530 F.3d at 1372 Exhaustion of administrative remedies before filing suit18 citing cases[T]he PLRA requires inmates to exhaust available administrative remedies before filing a lawsuit.1 citing court put it this way · 1 listed here
  • Hersh v. Scott, No. 3:22-cv-00408, 2023 WL 2242551 (M.D. Fla. Feb. 27, 2023). 4 cites
    ([T]he PLRA requires inmates to exhaust available administrative remedies before filing a lawsuit.)
Other citing cases1 with no pin cite or quoted language on record
Gregory B. BRYANT, Andrew Priester, Plaintiffs-Appellants,
v.
Glenn RICH, R.D. Collins, Lt. Randy Byrd, Sergeant Jason D. Burns, Officer Fnu Byrd, Et Al., Defendants-Appellees
06-11116, 06-12290.
Court of Appeals for the Eleventh Circuit.
May 31, 2007.
Unpublished opinion
530 F.3d 1368
McNeill Stokes, Atlanta, GA, for Plaintiffs-Appellants, Andrea S. Hirsch, Matthew Peter Stone, Freeman, Mathis & Gray, LLP, Devon Orland, Office of the Attorney General, Annarita McGovern Busbee, Gary L. Seacrest, Seacrest, Karesh, Tate & Bicknese, LLP, David C. Will, Michelle Katherine McDonald, Owen, Gleaton, Egan, Jones, & Sweeney, LLP, Atlanta, GA, David R. Smith, Brannen, Searcy & Smith, Savannah, GA, Frank P. Harris, Harris & Bunch, LLC, Marietta, GA, William Clinton Rhodes, Snellville, GA, for Defendants-Appellees.
Edmondson, Birch, Wilson.
Cited by 1 opinion  |  Unpublished
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 88%
Citer courts: S.D. Florida (2)
PER CURIAM:

Andrew Priester (“Priester”), an inmate currently incarcerated at Georgia State Prison, filed suit under 42 U.S.C. § 1983 to contest the conditions of his confinement while he was incarcerated at Rogers State Prison. Defendants filed a motion to dismiss, which the district court construed as a motion for summary judgment. Because Priester failed to exhaust his administrative remedies, the district court granted summary judgment in favor of Defendants and dismissed Priester’s complaint without prejudice. Priester appeals. Finding no reversible error, we affirm the district court’s decision. [1]

I. BACKGROUND

In the light most favorable to Priester, these are the facts. When Priester was incarcerated at Rogers State Prison (“Rogers”), four prison officials beat him on four different occasions between August and December 2003. Those officials were Defendants Langston, McCloud, Byrd, and Doe. Despite knowledge of these beatings, the wardens — Defendants Rich and Collins — remained deliberately indifferent and failed to prevent Priester’s abuse. During this time, Priester attempted to file a grievance about the beatings; but his requests for the pertinent grievance forms were denied by other Rogers prison officials. Priester also contends that prison officials at Rogers used force or the threat of force to prevent inmates from filing grievances.

In January 2004, Priester received a transfer from Rogers to Georgia State Prison (“GSP”). During a visit to the GSP infirmary, Priester reported his abuse at Rogers to the psychiatrist and a counselor and requested a form to file a grievance about the abuse. They responded that his mental health problems had caused him to[*431] be delusional; and therefore, they gave him no grievance forms to report the beatings. Thereafter, Priester made no further attempt to file a grievance about the beatings. He later obtained and submitted a grievance form at GSP for an unrelated incident regarding lost property. [2]

Priester filed this suit against Defendants on 27 July 2005 under 42 U.S.C. § 1983, alleging the use of excessive force in violation of federal and state law. Defendants moved to dismiss the suit because Priester failed to exhaust his administrative remedies in accordance with 42 U.S.C. § 1997e(a). Construing the motion as one for summary judgment, the district court granted summary judgment in favor of Defendant and dismissed Priester’s complaint without prejudice. Priester appeals.

II. DISCUSSION

The Prison Litigation Reform Act (PLRA) requires inmates to exhaust available administrative remedies before filing a lawsuit: “No action shall be brought with respect to prison conditions under section 1983 ... by a prisoner... until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a). This rule applies to all inmate suits alleging excessive force, whether the prisoner alleges an isolated episode of mistreatment or “a prolonged and sustained pattern of harassment and intimidation by corrections officers.” See Porter v. Nussle, 534 U.S. 516, 122 S.Ct. 983, 991-92, 152 L.Ed.2d 12 (2002) (internal quotations and citation omitted).

Therefore, “when a state provides a grievance procedure for its prisoners, ... an inmate alleging harm suffered from prison conditions must file a grievance and exhaust the remedies available under that procedure before pursuing a § 1983 lawsuit.” Johnson v. Meadows, 418 F.3d 1152, 1156 (11th Cir.2005) (quoting Brown v. Sikes, 212 F.3d 1205, 1207 (11th Cir.2000)). We have no discretion to waive this exhaustion requirement. Alexander v. Hawk, 159 F.3d 1321, 1325-26 (11th Cir.1998).

That Priester filed no grievance at Rogers or GSP about the beatings he allegedly suffered is undisputed. Priester contends that he attempted to file grievances at both of these facilities, but his requests for the pertinent forms were denied. He also argues that Rogers officials deterred him from filing grievances through the threat of violence. Thus, he argues that no grievance procedure was “available” for him to exhaust.

Even assuming — without deciding — that no grievance procedures were available to Priester at Rogers, [3] the record indicates that Priester did have grievance proce[*432] dures available to him when he transferred to GSP. Yet, he failed to exhaust them.

We recognize that a grievance filed after Priester’s transfer to GSP would have been untimely. But the relevant grievance procedures provide inmates with the opportunity to request consideration of untimely grievances for good cause. Thus, Priester eould have exhausted his administrative remedies by filing a grievance at GSP and showing good cause for his tardiness; nevertheless, he failed to attempt it. See Harper v. Jenkin, 179 F.3d 1311, 1312 (11th Cir.1999) (“Since appellant has not sought leave to file an out-of-time grievance, he cannot be considered to have exhausted his administrative remedies.”); cf. Johnson, 418 F.3d at 1159 (“Prisoners must timely meet the deadlines or the good cause standard of Georgia’s administrative grievance procedures before fifing a federal claim.”).

Priester alleges that GSP officials denied him access to grievance forms, but the allegations are belied by unrebutted evidence showing that Priester successfully obtained and submitted a grievance form at GSP but used it for another matter: one involving lost property. [4] Accordingly, we conclude that Priester failed to exhaust his administrative remedies as were available to him at GSP; [5] therefore, his lawsuit is barred under 42 U.S.C. § 1997e(a).

III. CONCLUSION

We dismiss case number 06-11116 for lack of jurisdiction, and in case number 06-12290, we affirm the district court’s grant of summary judgment to Defendants because Priester failed to exhaust his administrative remedies.

NO. 06-11116 DISMISSED; NO. 06-12290 AFFIRMED.

1

. We earlier consolidated Priester’s appeal with Gregory Bryant’s appeal, case number 06-11116. We now dismiss Biyant’s appeal for lack of jurisdiction. Bryant prematurely filed his notice of appeal on 9 February 2006, before the district court entered a judgment on 6 April 2006. He filed his notice of appeal after the district court granted partial summary judgment on 23 Januaiy 2006, with claims against some named defendants still pending. That partial summary judgment order was no appealable final judgment. See 28 U.S.C. § 1291; Williams v. Bishop, 732 F.2d 885, 886 (11th Cir.1984). That Bryant later voluntarily dismissed the remaining claims without prejudice does not cure the jurisdictional defect. See State Treasurer v. Barry, 168 F.3d 8, 11, 16 (11th Cir.1999); Mesa v. United States, 61 F.3d 20, 22 (11th Cir.1995); Ryan v. Occidental Petroleum Corp., 577 F.2d 298, 301-03 (5th Cir.1978), overruled on other grounds by Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1, 100 S.Ct. 1460, 1466, 64 L.Ed.2d 1 (1980). That the district court later entered judgment dismissing Bryant’s case without prejudice also does not cure the defect. See United States v. Taylor, 632 F.2d 530, 531 (5th Cir.1980) (deciding that a premature notice of appeal was not cured by a subsequent final judgment).

2

. Priester filed the grievance about lost property at GSP on 13 October 2005.

3

. Some courts have said that administrative remedies are not "available” to an inmate if prison officials do not respond to grievances or if they prevent the filing of grievances. See, e.g., Jernigan v. Stuchell, 304 F.3d 1030, 1032 (10th Cir.2002) (“[T]he failure to respond to a grievance within the time limits contained in the grievance policy renders an administrative remedy unavailable”); Miller v. Norris, 247 F.3d 736, 740 (8th Cir.2001) ("We believe that a remedy that prison officials prevent a prisoner from ‘utilizfing]’ is not an ‘available’ remedy under § 1997e(a)”); see also Hemphill v. New York, 380 F.3d 680, 688 (2d Cir.2004) ("The test for deciding whether the ordinary grievance procedures were available must be an objective one: that is, would 'a similarly situated individual of ordinary firmness’ have deemed them available.”). We need not decide whether Priester had no administrative remedies available to him while he was incarcerated at Rogers because the record indicates that Priester did have remedies available to him when he transferred to GSP.

4

. Defendants also offered evidence demonstrating that Georgia inmates are informed that grievance forms are readily available to them upon request. The forms are kept in the control rooms at each facility, and an inmate may request them through his counselor or through any other prison official.

5

. Priester did not argue in the district court that his failure to file a grievance at GSP was due to his fear of violent reprisal. Although Priester’s reply brief suggests that he feared more beatings at GSP, we do not consider that new argument. See Access Now, Inc. v. Southwest Airlines Co., 385 F.3d 1324, 1331 (11th Cir.2004).