Fuller v. Rich, 11 F.3d 61 (5th Cir. 1994). · Go Syfert
Fuller v. Rich, 11 F.3d 61 (5th Cir. 1994). Cases Citing This Book View Copy Cite
“exceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.”
501 citation events (482 in the last 25 years) across 29 distinct courts.
Strongest positive: Jenkins v. U.S. Department of Justice (dcd, 2014-11-06)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Jenkins v. U.S. Department of Justice
D.D.C. · 2014 · quote attribution · 1 verbatim quote · confidence high
a prisoner challenging a parole commission decision is required to exhaust his administrative remedies before seeking habeas relief.
examined Cited as authority (verbatim quote) Jones v. Zenk (3×) also: Cited as authority (rule)
N.D. Ga. · 2007 · quote attribution · 1 verbatim quote · confidence high
exceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.
discussed Cited as authority (rule) Jose Abel Ramos-Cruz v. Warden Childress (2×) also: Cited "see"
S.D. Miss. · 2026 · confidence medium
Thompson, 11 F.3d 47, 49 (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
discussed Cited as authority (rule) Jose Antonio Peguero v. Warden Wingfield
S.D. Miss. · 2026 · confidence medium
But “[e]xceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of actions.” Id. (quoting Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994)).
discussed Cited as authority (rule) Luis Javier Garcia v. Warden Yazoo City Low
S.D. Miss. · 2026 · confidence medium
But “[e]xceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of actions.” Id. (quoting Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994)).
discussed Cited as authority (rule) Pedro Carrera-Chavez v. Warden Unknown Childress
S.D. Miss. · 2026 · confidence medium
But “[e]xceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of actions.” Ibid. (quoting Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994)).
examined Cited as authority (rule) Franklin Abbott v. Warden Childress (3×) also: Cited "see"
S.D. Miss. · 2026 · confidence medium
Thompson, 11 F.3d 47, 49 (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective administrative grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
discussed Cited as authority (rule) Margaret Alexandra Alexander v. Wesley Doolittle, et al.
S.D. Tex. · 2026 · confidence medium
But to be considered ineffective, the state-court remedies must be either “unavailable,” “wholly inappropriate to the relief sought” or “the attempt to exhaust such remedies would itself be a patently futile course of action.” Montano v. Texas, 867 F3d 540 , 542- 43 (5th Cir. 2017) (quoting Fuller v. Rich, 11 F.3d 61, 62 (Sth Cir. 1994)).
examined Cited as authority (rule) Fabian Valdovinos-Perez v. Warden Childress (3×) also: Cited "see"
S.D. Miss. · 2026 · confidence medium
Thompson, 11 F.3d 47, 49 (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
discussed Cited as authority (rule) Omar Juarez Andrade v. Warden Childress (2×) also: Cited "see"
S.D. Miss. · 2026 · confidence medium
Thompson, 11 F.3d 47, 49 (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
discussed Cited as authority (rule) Brian T. Owen v. Warden F C I Pollock
W.D. La. · 2026 · confidence medium
Failure to exhaust administrative remedies is only excused if the “remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.” , 11 F.3d 61, 62 (5th Cir. 1994) (per curiam) (internal quotation marks omitted).
examined Cited as authority (rule) Serwin Mizori v. Warden (3×) also: Cited "see"
S.D. Miss. · 2026 · confidence medium
Thompson, 11 F.3d 47, 49 (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
discussed Cited as authority (rule) Emmanuel Quamey v. Warden, FCI Yazoo City II (2×) also: Cited "see"
S.D. Miss. · 2026 · confidence medium
Thompson, 11 F.3d 47, 49 (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
discussed Cited as authority (rule) James Hamilton v. Warden
W.D. La. · 2026 · confidence medium
“Exceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.” Castano, 235 F. App’x at 207 (quoting Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994)).
discussed Cited as authority (rule) Luis Ramirez v. Warden Childress (2×) also: Cited "see"
S.D. Miss. · 2026 · confidence medium
Thompson, 11 F.3d 47, 49 (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
cited Cited as authority (rule) Michael Tyrone Jackson v. Warden FCI Oakdale II
W.D. La. · 2026 · confidence medium
Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam).
cited Cited as authority (rule) Corey Keith v. Director, TDCJ-CID
N.D. Tex. · 2026 · confidence medium
Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (quoting DCP Farms v. Yeutter, 957 F.2d 1183, 1189 (5th Cir.1992)).
discussed Cited as authority (rule) Kurt Petersen v. Warden B. Wingfield
S.D. Miss. · 2026 · confidence medium
“Exceptions to the exhaustion requirement are appropriate where the available remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.” Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994).
examined Cited as authority (rule) Rogelia de Leon Lopez and Juana Castillo Avelar v. Scott Ladwig, et al. (3×) also: Cited "see", Cited "see, e.g."
W.D. La. · 2026 · confidence medium
And as to Petitioner Avelar, an exception to exhaustion exists “where the attempt to exhaust such remedies would itself be a patently futile course of action.” Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam) (internal quotations omitted).
discussed Cited as authority (rule) Efren Angulo Luango v. Warden Childress
S.D. Miss. · 2025 · confidence medium
Angulo-Luango is correct that exhaustion is not required by statute, but courts in the Fifth Circuit nevertheless require federal prisoners to “exhaust ‘administrative remedies before seeking habeas relief . . . under . . . § 2241.’” Mayberry v. Pettiford, 74 F. App’x 299, 299 (5th Cir. 2003) (quoting Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994)).
discussed Cited as authority (rule) Louis Goldenberg v. Warden Heuett
S.D. Fla. · 2025 · confidence medium
Assuming that Petitioner can argue futility, “exceptions to the exhaustion requirement apply only in ‘extraordinary circumstances,’” and “the petitioner ‘bears the burden of demonstrating the futility of administrative review.’” Jaimes v. United States, 168 F. App’x 356, 359 (11th Cir. 2006) (citing Fuller v. Rich, 11 F.3d 61, 62 (Sth Cir.1994)).
discussed Cited as authority (rule) Eric Aniles v. Charisma Edge, Warden
W.D. Tex. · 2025 · confidence medium
Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) A federal prisoner must use the BOP’s multi-tiered administrative remedy program to “seek formal review of an issue relating to any aspect of [his] confinement.” 28 C.F.R. § 542.10 (a).
discussed Cited as authority (rule) Liban Mohamud Adan v. Warden F C I Pollock
W.D. La. · 2025 · confidence medium
Law and Analysis A petitioner must exhaust all available administrative remedies before challenging the computation of a sentence through a federal habeas petition. , 688 F.3d 190, 194 (5th Cir. 2012) (per curiam); , 11 F.3d 61, 62 (5th Cir. 1994) (per curiam); , 11 F.3d 47, 49 (5th Cir. 1993).
discussed Cited as authority (rule) Clifton Council, Jr. v. Warden Washington
M.D. Ala. · 2025 · confidence medium
Jaimes noted, though, that the out-of-circuit decision stated that exceptions to the exhaustion requirement apply only in “extraordinary circumstances” and that the petitioner “bears the burden of demonstrating the futility of administrative review.” Id. (quoting Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam)).
discussed Cited as authority (rule) George Tompkins v. Warden Washington
M.D. Ala. · 2025 · confidence medium
Jaimes noted, though, that the out-of-circuit decision stated that exceptions to the exhaustion requirement apply only in “extraordinary circumstances” and that the petitioner “bears the burden of demonstrating the futility of administrative review.” Id. (quoting Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam)).
discussed Cited as authority (rule) Lateef Abiodun Shobande v. Todd M. Lyons, Acting Director of U.S. ICE, et al.
W.D. Tex. · 2025 · confidence medium
Moreover, Hinojosa itself recognizes that “[e]xceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.” Hinojosa, 896 F.3d at 314 (citing Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam)).
discussed Cited as authority (rule) Virginia Montoya Cabanas v. Pamela Bondi, et al (2×) also: Cited "see"
S.D. Tex. · 2025 · confidence medium
It cites in support Fuller v Rich, where the petitioner argued that administrative appeal was futile because the deadline for filing the appeal had passed. 11 F3d 61, 62 (5th Cir 1994).
discussed Cited as authority (rule) Sarai Elena Barrios Sandoval v. Brian Acuna, Kristi Noem, and Pamela Bondi (2×) also: Cited "see"
W.D. La. · 2025 · confidence medium
An exception to exhaustion exists “where the attempt to exhaust such remedies would itself be a patently futile course of action.” Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam) (internal quotations omitted).
discussed Cited as authority (rule) Brandon Chambers v. K Goldey et al
W.D. La. · 2025 · confidence medium
Law and Analysis A petitioner must exhaust all available administrative remedies before challenging the computation of a sentence through a federal habeas petition. , 688 F.3d 190, 194 (5th Cir. 2012) (per curiam); , 11 F.3d 61, 62 (5th Cir. 1994) (per curiam); , 11 F.3d 47, 49 (5th Cir. 1993).
discussed Cited as authority (rule) Erich Ivan Croft v. Warden U S P Pollock
W.D. La. · 2025 · confidence medium
Law and Analysis A petitioner must exhaust all available administrative remedies before challenging the administration of a sentence through a federal habeas petition. , 688 F.3d 190, 194 (5th Cir. 2012) (per curiam); , 11 F.3d 61, 62 (5th Cir. 1994) (per curiam); , 11 F.3d 47, 49 (5th Cir. 1993).
cited Cited as authority (rule) Fabio Vargas-Gonzalez v. Felipe Martinez, Jr.
W.D. La. · 2025 · confidence medium
Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam).
cited Cited as authority (rule) Kody Dwayne Ardoin v. Charisma Edge, Warden, FCI La Tuna
W.D. Tex. · 2025 · confidence medium
Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994).
cited Cited as authority (rule) Alfredo Kindelan Hernandez v. Warden FCI Oakdale
W.D. La. · 2025 · confidence medium
Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam).
discussed Cited as authority (rule) Eric Rivera v. Warden Saulsberry
N.D. Fla. · 2025 · confidence medium
“Exceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.” Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (quoting Hessbrook v. Lennon, 777 F.2d 999, 1003 (5th Cir.1985)).
discussed Cited as authority (rule) McRand v. Wingfield (2×) also: Cited "see"
S.D. Miss. · 2025 · confidence medium
Thompson, 11 F.3d 47, 49 (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
discussed Cited as authority (rule) Meadows v. Federal Bureau of Prisons (2×) also: Cited "see"
S.D. Miss. · 2025 · confidence medium
Gallegos- Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (quoting Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994)).
discussed Cited as authority (rule) Tamaska v. Hall (2×) also: Cited "see"
S.D. Tex. · 2025 · confidence medium
See Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (per curiam); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam); Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993).
discussed Cited as authority (rule) Curry v. Wingfield
S.D. Miss. · 2025 · confidence medium
The Court may excuse exhaustion “where the attempt to exhaust [administrative] remedies would itself be a patently futile course of action.” Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). 8 The BOP’s regulations allow it to grant an inmate “an extension in filing time” for a BP-9, and by inviting Curry to resubmit a procedurally defective filing rather than denying it as untimely, the BOP effectively granted Curry such an extension. 28 C.F.R. § 542.14 (b).
cited Cited as authority (rule) Alford v. Wingfield
S.D. Miss. · 2025 · confidence medium
See Williams v. Willis, 765 F. App’x 83 , 83 (5th Cir. 2019); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994).
examined Cited as authority (rule) Mosquera v. United States (3×) also: Cited "see"
S.D. Miss. · 2025 · confidence medium
See Williams v. Willis, 765 F. App’x 83 (5th Cir. 2019); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 F. App’x, 372 (5th Cir. 2008).
discussed Cited as authority (rule) Maurice v. Wingfield
S.D. Miss. · 2025 · confidence medium
See Notice [27]; Order [28]. (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
examined Cited as authority (rule) Brown v. Wingfield (3×) also: Cited "see"
S.D. Miss. · 2025 · confidence medium
See Williams v. Willis, 765 F. App’x 83 (5th Cir. 2019); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 F. App’x, 372 (5th Cir. 2008).
discussed Cited as authority (rule) Hernandez-Jimenez v. Warden
S.D. Miss. · 2025 · confidence medium
Thompson, 11 F.3d 47, 49 (5th Cir. 1993); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 Fed.
examined Cited as authority (rule) Salinas v. United States (3×) also: Cited "see"
S.D. Miss. · 2025 · confidence medium
See Williams v. Willis, 765 F. App’x 83 (5th Cir. 2019); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). “[P]roper exhaustion of administrative remedies is necessary,” and the exhaustion requirement is not satisfied by “filing an untimely or otherwise procedurally defective grievance or appeal.” Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); see also Herrera-Villatoro v. Driver, 269 F. App’x, 372 (5th Cir. 2008).
discussed Cited as authority (rule) Gerrans v. Warden FCI La Tuna-Camp
W.D. Tex. · 2025 · confidence medium
There are exceptions to the exhaustion requirement which may be appropriate “where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile court of action.” Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (citations omitted).
discussed Cited as authority (rule) Carrasco v. Warden FCI La Tuna-Camp
W.D. Tex. · 2025 · confidence medium
Woodford, 548 U.S at 90–91 (“Proper exhaustion demands compliance with an agency’s deadlines and other critical procedural rules because no adjudicative system can function effectively without imposing some orderly structure on the course of its proceedings.”); Lundy v. Osborn, 555 F.2d 534, 535 (5th Cir. 1977) (“Only after such remedies are exhausted will the court entertain the application for relief in an appropriate case.”). 3 There are exceptions to the exhaustion requirement which may be appropriate “where the available administrative remedies either are unavailable or whol…
cited Cited as authority (rule) Anduha v. Hall
S.D. Tex. · 2025 · confidence medium
Cir. 2012) (per curiam); Fuller v. Rich, 11 F.3d 61, 62 (Sth Cir. 1994) (per curiarn); □□□ Rourke v. Thompson, 11 F.3d 47, 49 (Sth Cir, 1993).
discussed Cited as authority (rule) Watson v. Warden, FDC Houston (2×) also: Cited "see"
S.D. Tex. · 2025 · confidence medium
See Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (per curiam); Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam); Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993).
discussed Cited as authority (rule) Jones v. Hall
S.D. Tex. · 2025 · confidence medium
See Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (Sth Cir. □ 2012) (per curiam); Fuller v. Rich, 11 F.3d 61, 62 (3th Cir. 1994) (per curiam); □ □ Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993).
cited Cited as authority (rule) Fernandez v. Martinez
W.D. La. · 2025 · confidence medium
Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994) (per curiam).
Retrieving the full opinion text from the archive…
Joel FULLER, Petitioner-Appellant,
v.
James RICH, Warden for FCI, Seagoville, Texas, Et Al., Respondents-Appellees
93-01767.
Court of Appeals for the Fifth Circuit.
Jan 10, 1994.
11 F.3d 61
Joel Fuller, pro se.
Barksdale, Garwood, Jolly, Per Curiam.
Cited by 268 opinions  |  Published
PER CURIAM:

Joel Fuller appeals the district court’s dismissal of his petition for a writ of habeas corpus for failure to exhaust administrative remedies. According to Fuller, he cannot file an administrative appeal because he did not receive notice of the Parole Commission’s decision until the time for filing such an appeal had elapsed. See 28 C.F.R. § 2.26 (1993) (an appeal to the National Appeals Board must be made within 30 days from the date of entry of the decision).

A prisoner challenging a Parole Commission decision is required to exhaust his administrative remedies before seeking habeas relief in federal court under 28 U.S.C. § 2241. See Smith v. Thompson, 937 F.2d 217, 219 (5th Cir.1991). The district court’s dismissal of Fuller’s petition for failure to exhaust administrative remedies is reviewed for abuse of discretion. DCP Farms v. Yeutter, 957 F.2d 1183, 1188 (5th Cir.), cert. denied, — U.S. -, 113 S.Ct. 406, 121 L.Ed.2d 331 (1992).

“Exceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.” Hessbrook v. Lennon, 777 F.2d 999, 1003 (5th Cir.1985). However, exceptions to the exhaustion requirement apply only in “extraordinary circumstances,” Yeutter, 957 F.2d at 1189, and Fuller bears the burden of demonstrating the futility of administrative review. See Gardner v. School Bd. Caddo Parish, 958 F.2d 108, 112 (5th Cir.1992).

Athough the exhaustion doctrine does not require that the National Appeals Board actually rule on the merits of Fuller’s claims, it does require that Fuller present the claims to the Board, thereby giving it an opportunity to review the decision reached by the Parole Commission. See Talerico v. Warden, U.S. Penitentiary, 391 F.Supp. 193, 195 (M.D.Pa.1975). Accordingly, before Fuller may seek relief in federal court, he must file an appeal with the National Appeals Board. We require Fuller to take this further step because until he actually appeals and that appeal is acted on, we do not know what the appeals board will do with Fuller’s claim, and until the appeals board has been given an opportunity to act, Fuller has not exhausted his administrative remedies. The National Appeals Board may deny the appeal on the ground that it is untimely under 28 C.F.R. § 2.26, or the Board, in its discretion, may allow Fuller to file the appeal out of time and rule on the merits of Fuller’s contentions. Cf . Talerico, 391 F.Supp. at 195. In short, Fuller has not shown that such an appeal would be futile. After a final decision by the Board, Fuller will have exhausted sufficiently his administrative remedies.

We thus hold that the district court did not abuse its discretion in dismissing Fuller’s petition for failure to exhaust his administrative remedies. The judgment of the district court is AFFIRMED.

Fuller’s motion for this court to appoint counsel on appeal is DENIED. Fuller has demonstrated that he is capable of representing himself by filing competent pleadings and a brief that succinctly states his issues and argument. Further, the case does not present exceptional circumstances warranting appointment of counsel. See Santana v. Chandler, 961 F.2d 514, 515-16 (5th Cir.1992).