Detailed Instructions: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Problem:appeal a negative decision by the BOP Regional Director to the BOP's Office of General Counsel within thirty days of the date of the Regional Counsel's decision. Id. The inmate may file an action in federal court only after these four steps have been completed. Indelicato does not allege that he completed the ARP's four steps before filing his complaint in this Court. Rather, In-delicato contends that he exhausted all of his available remedies after he completed step one, because the grievance form required in step two was not available to him. (Compl. 2, V(e); Pl.'s Mem. at 4-5.) An inmate may defeat a motion to dismiss even if he has not technically exhausted his administrative remedies when he has made a "reasonable attempt" to do so, "espec 738424, at *2 (S.D.N.Y. Nov. 22, 2000) (<HOLDING>). Denial of forms, however, does not itself
Holding statements: (A) holding that plaintiff failed to exhaust administrative remedies by failing to include issue in case brief (B) holding that plaintiff who was denied requests for forms by unhelpful prison officials but went on to write letters file and appeal a foia request and make several other inquiries had made a reasonable attempt to exhaust his administrative remedies (C) holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim (D) holding that district court erred in dismissing inmates complaint for failure to exhaust administrative remedies when court did not address inmates allegation that prison officials failed to provide necessary grievance forms (E) holding that a pro se plaintiff who was unfamiliar with the process and failed to file a grievance form but wrote numerous letters and memoranda to various prison officials had made a reasonable attempt to exhaust his administrative remedies
Solution:
(E)