McKenny v. Reynolds

2 Citing cases

  1. Rivera v. Stirling

    Civil Action No.: 8:15-cv-03196-JMC-JDA (D.S.C. Jun. 27, 2016)

    The Court notes that it is well settled that SCDC inmates must refrain from filing suit in federal court until the time periods for both Step 1 and Step 2 grievances to be completed have expired. See, e.g., McKenny v. Reynolds, No. 4:11-cv-00366-RBH, 2011 WL 1225685, at * 2 (D.S.C. March 31, 2011) (referencing SCDC Policy/Procedure GA-01.12); see also Kelly v. White, No. 4:10-cv-982-JFA-TER, 2011 WL 939015, at *2 (D.S.C. March 16, 2011); Jones v. Kay, No. 4:07-cv-3480-SB, 2007 WL 4292416, at *5 (D.S.C. Dec. 5, 2007) (finding that "when the Warden fails to respond to an inmate's Step 1 grievance, the inmate must refrain from filing suit in federal court until all time periods for both steps to be completed have expired"). Plaintiff filed the instant action well inside this time period.

  2. Rivera v. Stirling

    Civil Action No.: 8:15-cv-03318-JMC-JDA (D.S.C. Jun. 27, 2016)

    It is well settled that SCDC inmates must refrain from filing suit in federal court until the time periods for both Step 1 and Step 2 grievances to be completed have expired. See, e.g., McKenny v. Reynolds, No. 4:11-cv-00366-RBH, 2011 WL 1225685, at * 2 (D.S.C. March 31, 2011) (referencing SCDC Policy/Procedure GA-01.12); see also Kelly v. White, No. 4:10-cv-982-JFA-TER, 2011 WL 939015, at *2 (D.S.C. March 16, 2011); Jones v. Kay, No. 4:07-cv-3480-SB, 2007 WL 4292416, at *5 (D.S.C. Dec. 5, 2007) (finding that "when the Warden fails to respond to an inmate's Step 1 grievance, the inmate must refrain from filing suit in federal court until all time periods for both steps to be completed have expired"). Plaintiff filed the instant action well before this time period expired.