Lopez v. BOP, No. 18-263, 2020 WL 1492804 (M.D. Fla. Mar. 27, 2020) (Howard, J.)

Lopez v. BOP, No. 18-263, 2020 WL 1492804 (M.D. Fla. Mar. 27, 2020) (Howard, J.)

Re:  Requests for records concerning BOP's elimination of cold water from prison showers

Disposition:  Granting defendant's motion to dismiss

Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "[plaintiff] has failed to properly exhaust his administrative remedies . . . ."  The court finds that "[b]ecause the BOP responded to [plaintiff's] request, constructive exhaustion was not available to satisfy the exhaustion requirement."  "Instead, [plaintiff] was required to accomplish actual exhaustion."  "[Plaintiff] failed to clarify his request or appeal the BOP's response . . . ."  "Moreover, he has not paid the $75.00 fee required to obtain judicial review."