(a) Submission. An inmate who is not satisfied with the Warden's response may submit an Appeal on the appropriate form (BP-10) to the appropriate Regional Director within 20 calendar days of the date the Warden signed the response. An inmate who is not satisfied with the Regional Director's response may submit an Appeal on the appropriate form (BP-11) to the General Counsel within 30 calendar days of the date the Regional Director signed the response. When the inmate demonstrates a valid reason for delay, these time limits may be extended. Valid reasons for delay include those situations described in § 542.14(b) of this part. Appeal to the General Counsel is the final administrative appeal.
(b) Form. (1) Appeals to the Regional Director shall be submitted on the form designed for regional Appeals (BP-10) and accompanied by one complete copy or duplicate original of the institution Request and response. Appeals to the General Counsel shall be submitted on the form designed for Central Office Appeals (BP-11) and accompanied by one complete copy or duplicate original of the institution and regional filings and their responses. Appeals shall state specifically the reason for appeal.
(2) An inmate may not raise in an Appeal issues not raised in the lower level filings. An inmate may not combine Appeals of separate lower level responses (different case numbers) into a single Appeal.
(3) An inmate shall complete the appropriate form with all requested identifying information and shall state the reasons for the Appeal in the space provided on the form. If more space is needed, the inmate may use up to one letter-size (8
1/2″ × 11″) continuation page. The inmate shall provide two additional copies of any continuation page and exhibits with the regional Appeal, and three additional copies with an Appeal to the Central Office (the inmate is also to provide copies of exhibits used at the prior level(s) of appeal). The inmate shall date and sign the Appeal and mail it to the appropriate Regional Director, if a Regional Appeal, or to the National Inmate Appeals Administrator, Office of General Counsel, if a Central Office Appeal (see 28 CFR part 503 for information on locating Bureau addresses).
[61 FR 88, Jan. 2, 1996, as amended at 70 FR 67091, Nov. 4, 2005]
Notes of Decisions
Michael Rinaldi v. United States, 904 F.3d 257 (3rd Cir. 2018).
· cites it 2× “See 28 C.F.R. § 542.15 (b)(2). Rinaldi was permitted 30 days to file an amended complaint but instead filed a motion for reconsideration, which the court denied.”
Nunez v. Duncan, 591 F.3d 1217 (9th Cir. 2010).
· cites it 2× “28 C.F.R. § 542.15 (a). The BP-10 must be submitted to the Regional Director within 20 calendar days of the date of the Warden's decision.”
Gonzalez v. Hasty, 651 F.3d 318 (2d Cir. 2011).
· cites it 2× “28 C.F.R. §§ 542.15 (a), 542.18. If not satisfied with the regional director’s response, the inmate may appeal to the general counsel within 30 calendar days of the date the regional director signs the response.”
Lonnie Bernard Davis v. Warden, FCC Coleman - USP I, 661 F. App'x 561 (11th Cir. 2016).
· cites it 2× “See 28 C.F.R. §§ 542.15 (a), 542.14(d)(2). Nevertheless, because the time for filing an appeal may be extended for a “valid reason,” the Regional Office advised Davis to resubmit his appeal within ten days, and to provide a staff memo on BOP letterhead verifying that the…”
Karamo B. Kaba v. E.A. Stepp, Mickal E. Laird, Dave Benson, & Joseph Yonkman, 458 F.3d 678 (7th Cir. 2006).
“28 C.F.R. § 542.15 (a). Each of these steps has a prescribed deadline and a particular grievance form outlined in the Code of Federal Regulations, but we need not get into these details because Kaba concedes that he did not pursue the “pris *682 on grievance procedures up to the…”
Darrell Debrew v. Atwood, 792 F.3d 118 (D.C. Cir. 2015).
· cites it 2× “See 28 C.F.R. § 542.15 (a). In this *127 regard, the General Counsel directed De-Brew to supply “staff verification on BoP letterhead documenting that the untimely filing of th[e] appeal was not [his] fault.”
Paul Butts v. Marcus Martin, 877 F.3d 571 (5th Cir. 2017).
“In any event, Butts was required to “state specifically the reason for appeal” in his BP-11, see 28 C.F.R. § 542.15 (b)(1), and his BP-11 itself does not mention searches.”
Carlos Pelaez-Edison Carmona v. United States Bureau of Prisons, 243 F.3d 629 (2d Cir. 2001).
“His appeal was rejected by the General Counsel because it did not comply with the formalities mandated by the Bureau’s regulations, see 28 C.F.R. § 542.15 (b)(3) (2000), and Carmona was granted an extension of time to resubmit his appeal.”
Burkey v. Marberry, 556 F.3d 142 (3rd Cir. 2009).
“Burkey’s habeas corpus petition sought release from prison based on the invalidity under the APA of the Program Statement denying him early release.”
Johnson v. Rowley, 569 F.3d 40 (2d Cir. 2009).
“See 28 C.F.R. § 542.15 (b)(2) (“An inmate may not raise in an Appeal issues not raised in the lower level filings.”
Israel Santiago-Lugo v. Warden, 785 F.3d 467 (11th Cir. 2015).
“See 28 C.F.R. § 542.15 (a). He asserts that he did file an appeal within that time frame, and in support of that assertion he points to a certified mail receipt indicating that the Office of General Counsel received a letter from him on June 15.”
— 28 C.F.R. § 542.15(a) — 9 cases
— 28 C.F.R. § 542.15(b)(1) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.