KLUG v. OFFICE OF GENERAL COUNSEL
MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Emmet G. Sullivan on 9/16/16.(ah)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JOSEPH EMIL KLUG,
OFFICE OF GENERAL COUNSEL
FEDERAL BUREAU OF PRISONS,
Civil Action No. 15-1811 (EGS)
Petitioner Joseph Emil Klug is a federal prisoner proceeding pro se. He filed this
mandamus action to compel the Bureau of Prisons’ Office of General Counsel to act on his two
administrative appeals, Numbers 807592 and 809217, submitted on March 23, 2015, and April
19, 2015, respectively. Petitioner seeks to have BOP “acknowledge receipt of and reply to” his
appeals, allow him to resubmit the appeals if not received, or declare his administrative remedies
exhausted so that he can satisfy the prerequisite for filing suit in federal court. Compl. at 1-2.
Pending is BOP’s Motion to Dismiss under Fed. R. Civ. P. 12(b)(1) for lack of subject
matter jurisdiction [Dkt. 13]. According to BOP’s declarant, the General Counsel received
petitioner’s appeals on March 30, 2015, and April 27, 2015. By regulation, 28 C.F.R. § 542.18,
an inmate’s administrative remedies are effectively exhausted if the General Counsel, as the final
arbiter of such matters, fails to provide a response within 60 days of its receipt of an appeal
(inclusive of a one-time 20 day extension). BOP acknowledges that it has not responded to
petitioner’s appeals, thereby rendering petitioner’s administrative remedies exhausted. See Decl.
of Richard J. Hansford [Dkt. 13-1]. Consequently, this case will be dismissed as moot. A
separate Order accompanies this Memorandum Opinion.
EMMET G. SULLIVAN
UNITED STATES DISTRICT JUDGE
DATE: September 16, 2016
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