Stuart Sandrock v. Shoe , 470 F. App'x 689 ( 2012 )

FILED
NOT FOR PUBLICATION MAR 05 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
STUART SANDROCK, No. 10-56995
Plaintiff - Appellant, D.C. No. 3:10-cv-00825-H-WMC
v.
MEMORANDUM *
SHOE, M.D.; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Stuart Sandrock, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
indifference to his serious medical needs and retaliation. We have jurisdiction
*
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).
under 28 U.S.C. § 1291. We review de novo. Wyatt v. Terhune, 315 F.3d 1108,
1117 (9th Cir. 2003) (dismissal for failure to exhaust); Nelson v. Heiss, 271 F.3d
891, 893 (9th Cir. 2001) (Fed.R.Civ.P. § 12(b)(6) dismissal). We affirm.
The district court properly dismissed Sandrock’s medical claims because
Sandrock failed to exhaust administrative remedies or demonstrate that he was
prevented from exhausting his administrative remedies as to these claims. See
Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (holding that “proper exhaustion”
is mandatory and requires adherence to administrative procedural rules).
The district court properly dismissed Sandrock’s retaliation claims because,
even assuming he exhausted these claims, Sandrock failed to connect the alleged
acts of retaliation with the exercise of his First Amendment rights. See Rhodes v.
Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) (setting forth the elements of a
First Amendment retaliation claim).
Sandrock’s remaining contentions are unpersuasive.
AFFIRMED.
2 10-56995