Opinion
No. 12-16792 D.C. No. 2:11-cv-01518-PMP-PAL
04-23-2013
De'MARIAN A. CLEMONS, Plaintiff - Appellant, v. BRIAN WILLIAMS, Sr.; et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Nevada state prisoner De'Marian A. Clemons appeals pro se from the district court's judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging deliberate indifference to serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.
The district court properly dismissed Clemons's action because Clemons did not properly exhaust his administrative remedies. See Woodford v. Ngo, 548 U.S. 81, 93-95 (2006) (proper exhaustion is mandatory and requires adherence to administrative procedural rules).
We do not consider Clemons's allegations concerning retaliation raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).
AFFIRMED.