Williams v. Rajoli

Dist. Ct. did not err in dismissing on failure to exhaust administrative remedy grounds plaintiff-prisoner’s section 1983 action, alleging that defendants-prison officials were deliberately indifferent to his medical needs when defendants withdrew necessary pain medication for his knee condition. Prison rules required that plaintiff file formal grievance within 10 days of incident, and that he make attempts at informal resolution of grievance prior to filing formal grievance. Moreover, record showed that plaintiff filed formal request after expiration of said 10-day period. Ct. rejected plaintiff’s claim that 10-day period for filing formal grievance should be excused because prison had not responded to his informal grievance, since plaintiff did not need response to his informal grievance attempt prior to filing formal grievance.