on the pleadings is GRANTED with prejudice with respect to Indelicato’s Bivens claim; and it is further ORDERED that Defendants’ motion for judgment on the pleadings is GRANTED without prejudice with respect to Indelicato’s FTCA claim; and it is further ORDERED that Indelicato’s motion for summary judgment is DENIED. SO ORDERED. 1 . When the Bureau of Prisons (“BOP”) places an inmate on "refusal status,” it institutes various sanctions such as reduced pay, low housing status and restricted work assignments. See 29 C.F.R. § 525.11. 2 . The fact that Indelicato eventually submitted the form required under step two is irrelevant to the present inquiry because he did so only after he filed his complaint with this Court in September 2000. See Neal v. Goord, 267 F.3d 116, 122 (2d Cir.2001) (<HOLDING>); Fletcher v. Haase, No. 99 Civ. 9549, slip
holding that administrative remedies must be exhausted prior to filing a claim in court holding that a prisoner exhausted his administrative remedies even though his grievance was untimely holding that a claimants claim is barred when administrative remedies that are clearly required under an erisa plan are not exhausted holding that 42 usc  1997ea requires dismissal without prejudice where a prisoner has not exhausted administrative remedies prior to filing suit holding that if adequate administrative remedies are available it is improper to seek relief in court before those remedies are exhausted