a simple one that boils down to the following question did the magistrate judge and district court properly consider the multiple factual allegation that mr jenkins made regarding the challenges he faced in pursuing his administrative remedies under the prison litigation reform act of substantive st amendment retaliation claims regarding some of these challenges but they're more clearly and expressly laid out in that affidavit responding to the state's arguments yeah i would i would agree with you that  called reprisals situations like this where a prisoner is being alleging excessive force or some type of inappropriate conduct for someone in the prison and is in the uncomfortable position of having to grieve the person in the very prison if you read the florida administrative code seems to allow out of time filings where there's a significant good cause for the at a time filing such that even if i would agree with you about how  jenkins was treated in december two thousand and eight through about early two thousand and ten at some point he was allowed to file things and like for example these that like butler there doesn't appear to have been any problem or alleged to have been any problem why doesn't he file at a time grievance at that point and if if those two things apply why is that not part of the exhaustion requirement in addition to the things that he allege that happened at at the corrections  of course correct that the florida department of corrections regulations provide for these grievances of reprisal as well the grievance appeals and certain situations to be made directly with the secretary of the department mr jenkins based on what the mails were intercepted tampered with things were removed from the he was given incorrect information from some of prison officials about how those procedures worked so i don't think that alone w that was not a grievance of reprisal but at some point he was he was unmolested to do that and it seems to be that at lake butler once he once he's transferred there the st time that there doesn't as i read the affidavit there isn't here to be a single allegation that anything was done improperly to and at lake butler why is he why was he not required under the part administrative code for exhausting purposes to file the reprisal grievance directly to the secretary at that point where grievances and your mail won't properly make it to tallahassee you know i think little construed and taken as true that suggests that mr jenkins at all levels of florida's grievance procedures had unavailable remedies on the point of filing the out of counsel that's certainly true by the time you file the lawsuit but at some point he was at this issue to be able to file something because he did and also he was not in the facility to which he was having the issues  the council that's also after he's returned back to the correctional institute after leaving lake butler yes the point is i guess my question is while he's at lake butler where he is not molested by any of the people who are doing this to him why then is he not required under the florida procedure to file in at a time a grievance and explaining exactly what the problem is my mail was being ripped i was told if i filed a grievance i would be isolated and i wouldn't be allowed out alive i was specifically deprived of medical treatment because of that now and in another place i'm telling you this is what happened to me and this is why yes your honor i would note that prior to his that for that initial december two thousand and eight period that he should have grieved after his transfer he has all those other claims upon the return to the gulf correctional institution letter of supplemental authority which the state has has not yet addressed much less tried to distinguish where this court has repeatedly corrected similar failures to undertake that initial turn or analysis at all and that includes th those allegations that he repeatedly throughout the time period tried to file grievances that were ripped off and accepted kept on delivered to your honor's point at a minimum however mr jenkins had no administrative remedies available to him before february broad conclusory assertion of retaliation is insufficient to demonstrate that the grievances from was rendered effectively unavailable to the plaintiffs the court is labeling the allegations broad and conclusory and i have to actually it says in the wrist the beginning that paragraph is in response to the motion to dismiss the point the state not to complain but in response to the motion to dismiss correct the response of the motion to dismiss includes the twenty page affidavit that that that follows the response right how can we then how can we say that the magistrate judge follows the turner procedure grievance he could filed agreements with the council how do we know that in other words isn't that exactly the point of the step two so we have a step one is assuming the truth he was told that if you file another grievance you're a you're not going to get you're to die i'm going to consign you until you die and i'm not going to give you any medical care until you stop and when you stop to get medical care now that's the allegations it may not be true and it may be that you have plenty of opportunity once you get the lake butler not specifically identify any actions that were taken against him with retaliatory animists as a way to prevent or deter him from filing his grievances and more particularly his grievance appeals you're telling me that a specific allegation of the date taste is that a little too but not until two thousand and t a year and a half after the table calls us home and hospital for a year he would understand and maybe counsel it may very well be that he had the opportunity but we don't have any evidence of that right there's no counter evidence you didn't fi nothing in the grievance to show that he could have filed a grievance to that point there's nothing in the record as i understand it and there was there was in this is the district court obligation to make those findings not ours the final one because he went down the street to another facility you don't look and say i'm going to read this in the way most and verse to him to avoid having to wade through all these factual statements and see where there's exhaustion on the exhaust that's not point turning prescribes undertook the turner analysis and again that independently warrants reversal i would also direct this court's attention to the demands case i know there were some statements including statements and briefing sort of implied that there are some maybe and serious credibility issues with the affidavit but those allegations were specific they were concrete they provided details dates times  procedural hurdles leading to a dead and do nothing of that sort he just had no administrative remedies available to him that went on exhausted for these reasons and the reasons we've given our briefing mr franken claims are entitled to proceed now this court should reverse and remand with