How have courts dealt with claims of failure to exhaust administrative remedies?

1. In Howell v. Burns, 1:19-cv-0715, after multiple defendants moved for summary judgment for failure to exhaust, plaintiff filed a declaration conceding non-exhaustion as to some claims and requested dismissal of those claims.

2. In Howell v. Burns, 1:19-cv-0556, plaintiff alleged he attempted to file a grievance but was prevented from completing the process due to a defendant's actions. The defendants filed a motion for summary judgment asserting failure to exhaust administrative remedies. The case was dismissed with prejudice on February 12, 2021 after the parties filed a stipulation to voluntarily dismiss.

3. In Howell v. Cruz, 1:19-cv-0782, plaintiff alleged he was prevented from exhausting his claims because a non-defendant correctional officer denied him a grievance form. The court adopted the magistrate judge's recommendation that summary judgment be granted for failure to exhaust, finding plaintiff had knowledge how to submit the grievance form without direct interaction with a staff member upon who he is complaining.

4. In Howell v. Silva, 1:20-cv-0133, plaintiff alleged the grievance process was unavailable because the defendant put the complaint form in the trash. After the defendants moved to dismiss for failure to exhaust administrative remedies, plaintiff moved for voluntary dismissal of the action and the case was dismissed.