gno.law

Nathan Spencer v. Morris

Court of Appeals for the Ninth Circuit · 09-55583 · 2010-07-22 · Unpublished

Nathan SPENCER, Plaintiff-Appellant, v. MORRIS; Et Al., Defendants-Appellees

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Jeffrey T. Miller (district judge)
Outcome
affirmed — AFFIRMED.
Area
civil
Panel
Arthur L. Alarcon (author), Susan Graber, Edward Leavy

Analysis

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Opinion

FILED NOT FOR PUBLICATION JUL 22 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

NATHAN SPENCER, No. 09-55583 Plaintiff - Appellant, D.C. No. 3:08-CV-00416-JM-JMA v. MEMORANDUM * MORRIS; et al., Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

Nathan Spencer, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C.

§ 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). district court’s dismissal for failure to exhaust, and for clear error its factual determinations, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003), and we affirm.

The district court properly dismissed the action because Spencer failed to exhaust administrative remedies prior to filing suit. See Woodford v. Ngo, 548 U.S. 81, 93-95 (2006) (holding that “proper exhaustion” under section 1997e(a) is mandatory and requires adherence to administrative procedural rules); see also McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002) (per curiam) (inmates are required to exhaust administrative remedies prior to filing suit in federal court).

Spencer’s remaining contentions are unpersuasive.

AFFIRMED.

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