F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES CO URT O F APPEALS
March 29, 2007
TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
TER RY BLEV INS,
Plaintiff-Appellant,
v. No. 06-1476
(D.C. No. 06-CV-969-ZLW )
LA RRY R EID , Warden, C SP; JOHN (D . Colo.)
DOE #1 TOM M ., Chairperson Ad Seg
Hearing; JUDY LINDSEY, Initiating
Em ployee; C ATH Y SLA CK ,
Administrative H ead/Director,
Defendants-Appellees.
OR D ER AND JUDGM ENT *
Before BR ISC OE, M cKA Y, and M cCO NNELL, Circuit Judges.
In this pro se state prisoner civil rights appeal, Plaintiff attacks his twice
having been classified and placed in administrative segregation, the forfeiture of
his property, and various conditions of his confinement. Relying on Steele v.
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
Federal Bureau of Prisons, 355 F.3d 1204, 1210 (10th Cir. 2003), the district
court dismissed Plaintiff’s second amended complaint for failure to establish
exhaustion of administrative remedies.
In Aquilar-Avellaveda v. Terrell, --- F.3d ----, 2007 W L 646150 (10th Cir.
M ar. 5, 2007), we recognized that the Supreme Court’s recent decision in Jones v.
Bock, --- U.S. ----, 127 S. Ct. 910, 921 (2007) abrogated Steele by determining
that failure to exhaust is an affirmative defense and that prisoners are not required
to specially plead or prove exhaustion in a complaint. 1
In light of Jones v. Bock, the case is REM ANDED for reconsideration
consistent w ith that decision. See Aquilar-Avellaveda, 2007 W L 646150, at *3.
W e G R A NT Plaintiff’s renewed motion for leave to proceed without prepayment
of the appellate filing fee, and remind Petitioner of his obligation to continue
making partial payments until the entire fee has been paid in accordance with the
Clerk’s Office assessment of partial payments.
Entered for the Court
M onroe G. M cKay
Circuit Judge
1
W e note that Plaintiff’s original and amended complaints allege that he
has exhausted administrative remedies on all his claims because the Colorado
Department of Corrections failed to answer his grievance petition with the 45-day
time frame allotted by § 850-4 of the Colorado Department of Correction
Administrative Regulations.
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