State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-118_2

§148‑118.2.  Effect.

(a)        Upon approval ofthe Administrative Remedy Procedure by a federal court as authorized andrequired by 42 U.S.C. 1997(e)(a), and the implementation of the procedure, thisprocedure shall constitute the administrative remedies available to a prisonerfor the purpose of preserving any cause of action under the purview of theAdministrative Remedy Procedure, which a prisoner may claim to have against theState of North Carolina, the Department of Correction, or its employees.

(b)        No State courtshall entertain a prisoner's grievance or complaint which falls under thepurview of the Administrative Remedy Procedure unless and until the prisonershall have exhausted the remedies as provided in said procedure.  If theprisoner has failed to pursue administrative remedies through this procedure,any petition or complaint he files shall be stayed for 90 days to allow theprisoner to file a grievance and for completion of the procedure.  If at theend of 90 days the prisoner has failed to timely file his grievance, then thepetition or complaint shall be dismissed.  Provided, however, that the courtcan waive the exhaustion requirement if it finds such waiver to be in theinterest of justice. (1987, c. 746, s. 2.)