If accepted, a Request or Appeal is considered filed on the date it is logged into the Administrative Remedy Index as received. Once filed, response shall be made by the Warden or CCM within 20 calendar days; by the Regional Director within 30 calendar days; and by the General Counsel within 40 calendar days. If the Request is determined to be of an emergency nature which threatens the inmate's immediate health or welfare, the Warden shall respond not later than the third calendar day after filing. If the time period for response to a Request or Appeal is insufficient to make an appropriate decision, the time for response may be extended once by 20 days at the institution level, 30 days at the regional level, or 20 days at the Central Office level. Staff shall inform the inmate of this extension in writing. Staff shall respond in writing to all filed Requests or Appeals. If the inmate does not receive a response within the time allotted for reply, including extension, the inmate may consider the absence of a response to be a denial at that level.
Notes of Decisions
Cited in
374
cases (
270 in the last 5 years), 2000–2026 · leading case:
Risher v. Lappin, 639 F.3d 236 (6th Cir. 2011).
Risher v. Lappin, 639 F.3d 236 (6th Cir. 2011).
· cites it 2× “According to Risher’s signed and sworn affidavit, he did not receive a response from the Regional Director by September 12, 2007 — the time allotted for reply, including extension, under 28 C.F.R. § 542.18 . Risher filed an appeal with the General Counsel on September 24, 2007,…”
Howard v. Ashcroft, 248 F. Supp. 2d 518 (M.D. La. 2003).
· cites it 3× “28 C.F.R. § 542.18 . 57 . 28 C.F.R. § 542.”
Spengler v. United States, 127 Fed. Cl. 597 (Fed. Cl. 2016).
· cites it 4× “B at 24; see 28 C.F.R. § 542.18 . An inmate may then file an appeal of the Warden’s decision to the Regional Director within twenty calendar days of the date of the institution’s signed response, and the Regional Director has thirty calendar days to respond.”
Gonzalez v. Hasty, 651 F.3d 318 (2d Cir. 2011).
“28 C.F.R. § 542.18 . Upon the inmate’s showing of a valid reason for delay, all the deadlines may be extended.”
Ferguson v. Ashcroft, 248 F. Supp. 2d 547 (M.D. La. 2003).
· cites it 3× “28 C.F.R. § 542.18 . 60 . 28 C.F.R. § 542.”
Dr. Emory M. Ghana v. J. T. Holland, 226 F.3d 175 (3rd Cir. 2000).
· cites it 2× “15 (a), who has 30 calendar days to respond, see 28 C.F.R. § 542.18 , and may appeal within 30 days from the Regional Director’s decision to the BOP’s General Counsel, see 28 C.”
Mackie L. Shivers, Jr. v. USA, 1 F.4th 924 (11th Cir. 2021).
“15(b)(3), and “a Request or Appeal is considered filed on the date it is logged into the Administrative Remedy Index as received,” 28 C.F.R. § 542.18 . First, Shivers argues that the district court erred by engaging in fact-finding without giving him adequate opportunity to…”
Darrell Debrew v. Atwood, 792 F.3d 118 (D.C. Cir. 2015).
“” 28 C.F.R. § 542.18 . The Regional Director had previously informed DeBrew it would issue a response by October 9, 2007.”
Chandler v. Stover, 211 F. Supp. 3d 289 (D.D.C. 2016).
· cites it 2× “The Office of General Counsel has 40 calendar days to respond, see 28 C.F.R. § 542.18 , and “[a] final decision from the Office of General Counsel completes the BOP Administrative Remedy Program,” Lanphear Decl.”
Millbrook v. United States, 8 F. Supp. 3d 601 (M.D. Penn. 2014).
“” See 28 C.F.R. § 542.18 . If not satisfied with the Warden’s response, an inmate may appeal (step two) on the appropriate form (BP-10) to the Regional Director within twenty (20) calendar days of the date the Warden signed the response.”
Harrison v. Fed. Bureau of Prisons, 248 F. Supp. 3d 172 (D.D.C. 2017).
“See 28 C.F.R. § 542.18 ; Dkt. 1 at 27. On March 25, Harrison received notice that Wilson had invoked the 20-day extension, making his response due April 23—-just nine days before Harrison was set to be released.”
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