Lendward Mixon v. H. Tyson ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 19 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LENDWARD ALTON MIXON, No. 19-17607
Plaintiff-Appellant, D.C. No. 1:16-cv-01868-DAD-BAM
v.
H. TYSON, Lieutenant at Kern Valley State MEMORANDUM*
Prison; et al.,
Defendants,
and
JIMENEZ; METTS, Doctor at Corcoran
State Prison,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted March 16, 2021**
Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
California state prisoner Lendward Alton Mixon appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
deliberate indifference to his serious medical needs. We have jurisdiction under 28
U.S.C. § 1291. We review de novo. Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir.
2014) (en banc). We affirm.
The district court properly dismissed Mixon’s action because Mixon failed
to exhaust his administrative remedies prior to filing this action even though he
was not satisfied with his temporary lower bunk accommodation. See McKinney v.
Carey, 311 F.3d 1198, 1199-2000 (9th Cir. 2002) (requiring inmates to exhaust
administrative remedies prior to filing suit in federal court).
AFFIRMED.
2 19-17607