James McAlphin v. R. Toney

James McAlphin, an Arkansas prisoner, appeals the District Court’s dismissal of his 42 U.S.C. § 1983 action for failure to exhaust his administrative remedies as required by 42 U.S.C. § 1997e(a) (inmate cannot bring § 1983 action challenging prison conditions until available administrative remedies are exhausted). After reviewing the District Court’s factual findings for clear error and its conclusions of law de novo, see Kozohorsky v. Harmon, 332 F.3d 1141, 1143 (8th Cir.2003), we reverse.

McAlphin filed an in forma pauperis complaint against Varner SuperMax Warden Rick Toney, Grievance…