Duke Woodley, a Virginia prisoner, brought this 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his serious medical needs, that the prison lacked rehabilitation programs, and that he was placed in segregation in retaliation for filing grievances. He named as defendants Dr. Alvin E. Harris, Dr. Robert W. Frye, Warden Robert R. Kelly, and the Department of Corrections. On March 14, 1990, the district court ordered Woodley to present evidence that he had exhausted his administrative remedies within 90 days. On April 3, 1990, Woodley submitted evidence that he had exhausted his deliberate indifference claim, but presented no evidence regarding his other claims. The district court dismissed his rehabilitation and segregation claims without prejudice for failure to exhaust his state remedies on April 18, 1990, after Woodley submitted evidence of exhaustion of his deliberate indifference claim but before 90 days had expired.
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