Opinion
No. 11-15965 D.C. No. 1:04-cv-05129-OWW-MJS
04-23-2013
GEORGE HAMILTON, Plaintiff - Appellant, v. AGUIRRE; 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NOT FOR PUBLICATION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 Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
California state prisoner George Hamilton appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. 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 Hamilton's action without prejudice because Hamilton did not exhaust prison grievance procedures concerning his claims. See Woodford v. Ngo, 548 U.S. 81, 93-95 (2006) (exhaustion is mandatory and must be done in a timely manner consistent with prison policies).
Hamilton's contentions regarding equitable estoppel, access to legal materials, defendants' misconduct, and judicial bias are without merit.
Hamilton's pending motions are denied.
AFFIRMED.