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Jamerson v. Schnurr

Court of Appeals of Kansas

November 15, 2019

James Jamerson, Appellant,
v.
Dan Schnurr, et al., Appellees.

         SYLLABUS

         As a matter of first impression, an inmate's timely attempt to exhaust administrative remedies remains pending and does not become final for purposes of calculating the 30-day deadline for filing a K.S.A. 60-1501 petition with the district court, until the inmate receives actual notice of the final administrative decision.

          Appeal from Reno District Court; Joseph L. McCarville III, judge.

          Shannon S. Crane, of Hutchinson, for appellant, and James Jamerson, appellant pro se.

          Jon D. Graves, legal counsel, of Kansas Department of Corrections, for appellees.

          Before Standridge, P.J., Pierron and Atcheson, JJ.

          Standridge, J.

         James Jamerson, an inmate confined at the Hutchinson Correctional Facility, appeals from the district court's decision to dismiss his K.S.A. 60-1501 petition based on his failure to timely exhaust administrative remedies. For the reasons stated below, we find Jamerson sufficiently alleged he both exhausted his administrative remedies and timely filed his petition for relief after exhaustion. As such, we reverse the district court's decision and remand for further proceedings.

         Factual and Procedural History

         In 2001, Jamerson pled no contest to second-degree murder, aggravated robbery, and conspiracy to commit aggravated robbery. The district court sentenced Jamerson to a total of 288 months in prison.

         In January 2016, the district court recalculated Jamerson's criminal history score and resentenced him using the new score.

         In February 2016, after he was resentenced, the KDOC unilaterally (without a hearing) took away Jamerson's good time credits, withholding 193 days and deeming 145 days to have been forfeited by Jamerson.

         In May 2016, Jamerson filed a K.S.A. 60-1501 petition challenging the KDOC's February 2016 good time credit decision (2016 habeas petition).

         In June 2016, the district court summarily denied the 2016 habeas petition, finding Jamerson had failed to allege sufficient facts in his petition to establish error in the ...


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