in question). He made no attempt to request the form from his unit counselor after she returned from her two week absence, even though he would have had time to do so. Instead, he filed a complaint in this action dated September 16, 2000, which was only two days after he was placed on refusal status. Accordingly, the Court concludes that Indelicate failed to make a reasonable effort to exhaust his administrative remedies prior to commencing litigation because he had adequate time to request the form from his unit counselor or to complain to the General Counsel of the BOP. See Reish, 1996 WL 221601, at *8, n. 4. Because the remedies are now time-barred, this action is dismissed with prejudice. See Burns v. Moore, No. 99 Civ. 0966, slip op., 2002 WL 91607, at *7 (S.D.N.Y. Jan. 24, 2002) (<HOLDING>). C. FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES
holding that administrative remedies must be exhausted prior to filing a claim in court holding that claims not presented to the ij and bia should be dismissed for failure to exhaust administrative remedies holding that because plaintiff no longer has available administrative remedies his action must be dismissed with prejudice holding that the prisoner has the burden of demonstrating he has exhausted his administrative remedies in his complaint holding that a plaintiff has exhausted his administrative remedies when his claim is deemed denied because of failure of administrator to respond in a timely manner