Austin v. McDonough

ON MOTION FOR REHEARING

Upon consideration of Appellee’s motion for rehearing, the motion is granted to the extent that the opinion dated December 19, 2006, is hereby withdrawn and the attached opinion is substituted therefor. In all other respects, the motion is denied.

Appellant, a prisoner, filed grievances after he was disciplined when he pled no contest to charges that he disrespected a prison employee. The grievances were denied. Appellant then appealed directly to the Secretary of the Department of Corrections (DOC). The appeals were returned without action because the DOC determined…