(a) Rejections. The Coordinator at any level (CCM, institution, region, Central Office) may reject and return to the inmate without response a Request or an Appeal that is written by an inmate in a manner that is obscene or abusive, or does not meet any other requirement of this part.
(b) Notice. When a submission is rejected, the inmate shall be provided a written notice, signed by the Administrative Remedy Coordinator, explaining the reason for rejection. If the defect on which the rejection is based is correctable, the notice shall inform the inmate of a reasonable time extension within which to correct the defect and resubmit the Request or Appeal.
(c) Appeal of rejections. When a Request or Appeal is rejected and the inmate is not given an opportunity to correct the defect and resubmit, the inmate may appeal the rejection, including a rejection on the basis of an exception as described in § 542.14(d), to the next appeal level. The Coordinator at that level may affirm the rejection, may direct that the submission be accepted at the lower level (either upon the inmate's resubmission or direct return to that lower level), or may accept the submission for filing. The inmate shall be informed of the decision by delivery of either a receipt or rejection notice.
Notes of Decisions
Cited in
46
cases (
33 in the last 5 years), 2005–2026 · leading case:
Darrell Debrew v. Atwood, 792 F.3d 118 (D.C. Cir. 2015).
Darrell Debrew v. Atwood, 792 F.3d 118 (D.C. Cir. 2015).
“See 28 C.F.R. § 542.17 (b). Because the General Counsel did not reject DeBrew’s second and third appeals on the ground they were untimely, we must infer he either agreed with De-Brew’s argument that the appeal was timely or decided to accept the appeal even though he thought it…”
Patel v. Fleming, 415 F.3d 1105 (10th Cir. 2005).
“See 28 C.F.R. § 542.17 (“The Coordinator at any level may reject and return to the inmate without response a Request .”
Chandler v. Stover, 211 F. Supp. 3d 289 (D.D.C. 2016).
“According to the BOP’s declarant, the plaintiff “has submitted a total of 110 formal administrative remedy requests and/or appeals with the BOP [between] January 30, 2014 [and] December 1, 2015,” most of which “were rejected by the BOP as improperly filed in accordance with 28…”
Hoffenberg v. Provost, 154 F. App'x 307 (3rd Cir. 2005).
“We further observe that the record evidence indicates that these allegedly “lost” forms were rejected as incorrectly completed, and that Hoffenberg was given instructions on how to file the forms correctly and an opportunity to re-file, if appropriate, in accordance with the…”
John Boyd v. United States, 396 F. App'x 793 (3rd Cir. 2010).
“See 28 C.F.R. 542.17(c) (“[T]he inmate may appeal the rejection, including a rejection on the basis of an exception as described in § 542.”
Michael Reynolds v. Linda McGrew, 594 F. App'x 377 (9th Cir. 2015).
“See 28 C.F.R. § 542.17 (2012). We are also unpersuaded by Reynolds’s argument that the documents submitted to the district court by respondents were fraudulent or false.”
(PC) Huff v. Moore (E.D. Cal. 2023).
· cites it 6× “28 C.F.R. § 542.17 (a). However, the inmate is entitled to written notice of the reason 15 for the rejection.”
Jordan v. Ashland Warden Lemasters (E.D. Ky. 2023).
· cites it 6× “See 28 C.F.R. § 542.17 (a). If the defect can be corrected, the coordinator will advise the inmate of the defect and afford him a reasonable time to remedy the error and resubmit the grievance.”
Guerrero v. Lingren (D. Colo. 2021).
· cites it 3× “See 28 C.F.R. § 542.17 (a)). IV. Plaintiff’s Grievances The BOP regularly maintains records of inmates’ administrative complaints in a database known as SENTRY.”
Noe v. True (D. Colo. 2021).
· cites it 3× “28 C.F.R. § 542.17 (a). When a submission is 4 rejected, the inmate is provided written notice of the reason for rejection and, if the defect is correctable, a reasonable extension of time to correct the defect and resubmit the request or appeal.”
Kourani v. Sproul (S.D. Ill. 2023).
· cites it 3× “28 C.F.R. § 542.17 (a). However, the inmate is entitled to written notice of the reason for the rejection.”
Pedro Valle v. United Stated of Am. (C.D. Cal. 2023).
· cites it 2× “” 28 C.F.R. § 542.17 (c). The court in Free posited that “[a]ny other requirement would encourage inmates to claim to submit appeals, without actually doing it, to avoid arguments raising exhaustion.”
— 28 C.F.R. § 542.17(b) — 1 case
(PC) Huff v. Moore (E.D. Cal. 2023).
“28 C.F.R. § 542.17 (a). However, the inmate is entitled to written notice of the reason 15 for the rejection.”
— 28 C.F.R. § 542.17(c) — 2 cases
John Boyd v. United States, 396 F. App'x 793 (3rd Cir. 2010).
“See 28 C.F.R. 542.17(c) (“[T]he inmate may appeal the rejection, including a rejection on the basis of an exception as described in § 542.”
(PC) Huff v. Moore (E.D. Cal. 2023).
“28 C.F.R. § 542.17 (a). However, the inmate is entitled to written notice of the reason 15 for the rejection.”
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