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FILED NOT FOR PUBLICATION JAN 25 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JERRY LEE WAIDE, Jr., No. 10-17518 Plaintiff - Appellant, D.C. No. 2:09-cv-01522-FJM v. MEMORANDUM * GRAIG BELCOURT, Doctor, Health Care Provider at Rynning Unit; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding Submitted January 17, 2012 ** Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. Jerry Lee Waide, Jr., an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing his
42 U.S.C. § 1983action for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. * 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). § 1997e(a). We have jurisdiction under
28 U.S.C. § 1291. We review de novo the 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). We affirm. The district court properly dismissed Waide’s action because Waide failed to exhaust administrative remedies prior to filing suit. See Woodford v. Ngo,
548 U.S. 81, 85, 93-95 (2006) (explaining that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules); McKinney v. Carey,
311 F.3d 1198, 1199 (9th Cir. 2002) (per curiam) (requiring exhaustion of administrative remedies prior to filing suit). Waide’s remaining contentions are unpersuasive. All pending motions are denied. AFFIRMED. 2 10-17518
Document Info
Docket Number: 10-17518
Citation Numbers: 467 F. App'x 613
Judges: Callahan, Leavy, Tallman
Filed Date: 1/25/2012
Precedential Status: Non-Precedential
Modified Date: 8/5/2023