---
title: "Moscato v. Federal Bureau of Prisons"
citation: "98 F.3d 757 (3d Cir. 1996)"
authority_id: "AUTH-CA3-MOSCATO-98-F3D-757"
authority_type: "case"
jurisdiction: "federal_third_circuit"
precedential_status: "binding_in_ca3"
url: "https://jason93.com/legal/federal-process/authorities/AUTH-CA3-MOSCATO-98-F3D-757/"
legal_review: "2026-08-25"
links_checked: "2026-10-15"
links_available: 1
links_checked_count: 1
license: "CC BY 4.0"
---

# Moscato v. Federal Bureau of Prisons

## Holdings used

- Federal prisoners ordinarily must exhaust before § 2241 review; procedural default that closes the administrative path bars review absent cause and prejudice.

## Material limitation

Binding only in the Third Circuit and only for the bounded procedural postures in the linked claims. The original 1996 opinion was not located in the current official Third Circuit archive. The full published opinion text was reviewed in a public reporter mirror and its continuing use was corroborated in current official Third Circuit dispositions. A comprehensive commercial citator was not run.

## Official source and pinpoints

98 F.3d 757 (3d Cir. 1996), 98 F.3d 760–62: <https://www.courtlistener.com/opinion/728093/phillip-b-moscato-08126-050-v-federal-bureau-of-prisons-lsci/>

## Linked claims

- `CLM-CIR3-002`


## Used in

- [Third Circuit Overlay](https://jason93.com/legal/federal-process/modules/95-circuit-overlays/third-circuit.md)
