Opinion
No. 04-56235.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
October 20, 2008.
Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding D.C. No. CV-99-07227-CJC.
Before: LEAVY, RYMER and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Byron Chapin Myers, a California state prisoner, appeals pro se from the district court's judgment dismissing without prejudice his 42 U.S.C. § 1983 action against defendant Spann for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). 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 the action because Myers did not properly exhaust his claims before filing a complaint in the district court. See Ngo v. Woodford, 539 F.3d 1108, 1110 (9th Cir. 2008) (concluding that inmate's failure to bring timely administrative complaint constitutes non-exhaustion).
AFFIRMED.