(a) When an inmate's request is denied by the Warden, the inmate will receive written notice and a statement of reasons for the denial. The inmate may appeal the denial through the Administrative Remedy Procedure (28 CFR part 542, subpart B).
(b) When an inmate's request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A) is denied by the General Counsel, the General Counsel shall provide the inmate with a written notice and statement of reasons for the denial. This denial constitutes a final administrative decision.
(c) When the Director, Bureau of Prisons, denies an inmate's request, the Director shall provide the inmate with a written notice and statement of reasons for the denial within 20 workdays after receipt of the referral from the Office of General Counsel. A denial by the Director constitutes a final administrative decision.
(d) Because a denial by the General Counsel or Director, Bureau of Prisons, constitutes a final administrative decision, an inmate may not appeal the denial through the Administrative Remedy Procedure.
[59 FR 1238, Jan. 7, 1994, as amended at 78 FR 13479, Feb. 28, 2013]
Notes of Decisions
Pate v. Bureau of Prisons (D.D.C. 2021).
· cites it 3× “15-4, and a declaration from Patrick Kissell, the Administrative Remedy Specialist at the BOP, which explains that Plaintiff has not appealed the Warden’s denial of his request, as is required for the agency to take further action under 28 C.F.R. § 571.63 , Dkt. 15-3. Although…”
United States v. Johnson (D.D.C. 2020).
“See 28 C.F.R. § 571.63 (b) (“When an inmate’s request for consideration under 18 U.”
United States v. Morales (D.D.C. 2021).
“See Gov’t Opp’n at 9; see also 28 C.F.R. § 571.63 (a) (permitting inmates to appeal denial “through the Administrative Remedy Procedure”); 28 C.”
United States v. Alcazar (10th Cir. 2023).
“at 126; see also 28 C.F.R. § 571.63 (b) (categorizing the General Counsel’s denial of an inmate’s request under § 3582(c)(1)(A) as “a final 3 This acronym appears on Alcazar’s remedy-history form, but neither the record, the parties’ briefs, nor the district court’s order…”
Jefferson v. United States (E.D. Mo. 2021).
“28 C.F.R. § 571.63 (a). Specifically, the Administrative Remedy Program states: 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…”
Bronson v. Carvajal (N.D. Ohio 2020).
“28 C.F.R. § 571.63 (b-c). Bronson does not assert that his request has been denied by the BOP general counsel or director.”
Wilson v. Williams (N.D. Ohio 2020).
“42 28 C.F.R. §§ 571.63 , 542.15. C. Transfer In the Court’s earlier Order it instructed Respondents to move subclass members out of Elkton through furloughs or transfers.”
Davidson v. Quintana (W.D. Pa. 2020).
“” 28 C.F.R. § 571.63 (a) (emphasis added). Accordingly, due to that lack of written record, the Warden of FCI Cumberland prepared a written denial dated April 24, 2020, which was based on a “thorough review of [Mr.”
Richmond v. Bragg (D.S.C. 2021).
“15 ; 28 C.F.R. § 571.63 (a)). “Appeal to the Office of General Counsel is the final administrative appeal.”
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