2005 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

12-7-2005

Keys v. Craig

Precedential or Non-Precedential: Non-Precedential

Docket No. 05-2285

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Recommended Citation

"Keys v. Craig" (2005). 2005 Decisions. Paper 148.

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DPS-345 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

NO. 05-2285

CARRINGTON KEYS,

 Appellant

 v.

C.O. CRAIG; SUPERINTENDENT ZIMMERMAN; LIEUTENANT RHODES, Sgt.;

WOLARD; C.O. WITTEL; C.O. I ALBA; JEFFREY BEARD, Secretary of D.O.C.;

SERGEANT WEBB; ROBERT BILOUS; DONALD KELCHNER;

GRIEVANCE COORDINATOR JAGGERT

_____________________________________

On Appeal From the United States District Court

For the Middle District of Pennsylvania

(D.C. Civ. No. 04-cv-01004)

District Judge: Honorable William J. Nealon

_______________________________________

Submitted Under Third Circuit L.A.R. 27.4 and I.O.P. 10.6 

August 18, 2005

Before: ROTH, BARRY and SMITH, Circuit Judges

(Filed December 7, 2005)

_______________________

OPINION

_______________________

PER CURIAM

Appellant Carrington Keys appeals from a District Court order dismissing his

complaint for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a). 

Because no substantial question is presented, we will affirm. See L.A.R. 27.4.
 We have jurisdiction pursuant to 28 U.S.C. § 1291 and exercise plenary review over 1

the dismissal of a complaint for failure to exhaust. See Spruill v. Gillis, 372 F.3d 218,

226 (3d Cir. 2004). Keys also brought suit against several other prison officials, each of

whom the District Court dismissed in earlier orders. Keys does not appeal these

dismissals. Thus, we address the claims and parties dismissed on April 8, 2005, only.

2

On May 6, 2004, Keys filed a complaint under 42 U.S.C. § 1983 alleging First and

Eighth Amendment violations against numerous prison officials. He filed his first

amended complaint on May 19, 2004, raising the same claims, but with added details. At

issue in this appeal is the dismissal of Keys’ claims against Correctional Officers Craig,

Zimmerman, Wittel, Alba, and Webb. Keys alleges each denied him food, religious

material, and legal material in retaliation for his testimony in another inmate’s court

proceedings. On April 8, 2005, adopting a Magistrate Judge’s report and

recommendation, the District Court dismissed the complaint because it held Keys failed

to properly exhaust his available administrative remedies. Keys appeals.1

An inmate must properly exhaust all available administrative remedies prior to

filing suit under § 1983. See 42 U.S.C. § 1997e(a); Porter v. Nussle, 534 U.S. 516, 524

(2002); Spruill, 372 F.3d at 222. In Spruill we held that proper exhaustion means that

inmates must follow the procedural requirements of the prison grievance system. Spruill,

372 F.3d at 231. If an inmate fails to follow the prison grievance policy, then his claims

are procedurally defaulted.

The Commonwealth’s grievance policy provides three levels of review. See DCADM 804, Part VI. The District Court found Keys failed to satisfy the final stage of
 Keys filed his initial grievance, Grievance No. 82727, with respect to the deprivation 2

of food claims only. His legal and religious material deprivation claims are defaulted.

 In Spruill, we left unresolved at what point compliance with prison grievance

3

procedures is deemed sufficiently “substantial” to excuse procedural default. Spruill, 373

F.3d at 232 (citing Nyhuis v. Reno, 204 F.3d 65, 77-78 (3d Cir. 2000)). To the extent that

Keys raises this issue, the instant facts do not require us to decisively resolve the question. 

Instead, it suffices to state that Keys’ failure to even attempt compliance with the

grievance procedures cannot be sufficiently substantial to act as an excuse. Otherwise,

few, if any, single procedural failures would establish a default.

3

review. “An inmate who is dissatisfied with the disposition of an appeal from the Facility

Manager, may submit an appeal to the Secretary’s Office of Inmate Grievances and

Appeals, [hereinafter SOIGA] . . . .” DC-ADM 804, Part VI.D.1.b. On May 24, 2004,

Keys timely filed an appeal, but failed to attach documents required for “a proper appeal

to final review.” DC-ADM 804, Part VI.D.1.h. The SOIGA refused to act on the 2

appeal because of this deficiency. 

Keys argued in the District Court that he did eventually submit the documents

required for proper review, but he was delayed because the prison took two weeks to

make copies. However, Keys never submitted the documents to the SOIGA, nor did he

request an extension of time to file them. Rather, he forwarded the documents along with

a letter explaining his situation to Jeffrey Beard, the DOC Secretary. It is also evident

that Keys was aware of the filing requirements, but still failed to adhere to the grievance

policy. Keys’ claims are thus procedurally defaulted. Accordingly, because no 3

substantial question is presented, the District Court’s order dismissing the complaint will

be affirmed.