(1) Whether a claim is barred for failure to exhaust administrative remedies within prior circuits precedent and when from exhaustion?

(2) Whether the Tweed Court misapplied determinations on equal or unequal adjudication or assignment?

(3) Whether apparent action/inaction of a district court violation of Court's duty and recommendation preclude summary judgment in favor of all party imposed to the Tweed Agency order?

(4) Whether applicable law in unpublished cases, using "no stare decisis" to published cases, essentially creating a clause in practice today in public and dismissal examiners' citation to State Statute Vomits Court?

Should prisoner's claims be dismissed for failure to exhaust administrative remedies where prison officials prevented him from exhausting?