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· 10/28/2009

Rosenthal v. Killian

Citations

  • 667 F. Supp. 2d 364
  • 2009 U.S. Dist. LEXIS 101181
  • 2009 WL 3490248

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Federal inmates who seek to challenge the conditions of their confinement must first utilize the [ARP] developed by the BOP.”
  • “Federal inmates who seek to challenge the conditions of their confinement must first utilize the [ARP] developed by the BOP.”
  • “A court can excuse a failure to exhaust administrative remedies when such exhaustion would be futile or where the agency has predetermined the issue before it.”
  • lack of exhaustion “results in a procedural default, which bars judicial review unless the petitioner persuades the Court that the failure to exhaust should be excused”
  • lack of exhaustion “results in a procedural default, which bars judicial review unless the petitioner persuades the Court that the failure to exhaust should be excused”
  • “A court can excuse a failure to exhaust administrative remedies when such exhaustion would be futile or where the agency has predetermined the issue before it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Victor Marrero

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.