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Conner v. Winslow

United States Court of Appeals, Ninth Circuit
Jun 15, 2010
384 F. App'x 557 (9th Cir. 2010)

Opinion

No. 09-55941.

Submitted May 25, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed June 15, 2010.

Scott Eric Conner, Crescent City, CA, pro se.

Suzanne Antley, Deputy Attorney General, Susan E. Coleman, Esquire, AGCA-Office of the California Attorney General, San Diego, CA, for Defendant-Appellee.

Appeal from the United States District Court for the Central District of California, Andrew J. Guilford, District Judge, Presiding. D.C. No. 5:07-cv-00218-AGAN.

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Scott Eric Conner, a California state prisoner, appeals pro se from the district court's judgment in his 42 U.S.C. § 1983 action alleging violations of his lights under the Eighth and Fourteenth Amendments in connection with a fight with another inmate and ensuing disciplinary proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal for failure to exhaust administrative remedies, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003), and we affirm.

Conner waived his right to challenge the district court's factual findings. See Robbins v. Carey, 481 F.3d 1143, 1146-47 (9th Cir. 2007) (failure to object to a magistrate judge's recommendation waives all objections to the magistrate judge's findings of fact, but does not ordinarily waive objections to purely legal conclusions).

The district court properly dismissed Conner's claims because he failed to exhaust administrative remedies prior to filing suit. See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that "proper exhaustion" under 42 U.S.C. § 1997e(a) is mandatory and requires adherence to administrative procedural rules); Griffin v. Arpaio, 557 F.3d 1117, 1120 (9th Cir. 2009) (affirming dismissal for failure to exhaust prison remedies where inmate's grievance failed to "alert[] the prison to the nature of the wrong for which redress [was] sought.").

Conner's remaining contentions are un-persuasive.

AFFIRMED.


Summaries of

Conner v. Winslow

United States Court of Appeals, Ninth Circuit
Jun 15, 2010
384 F. App'x 557 (9th Cir. 2010)
Case details for

Conner v. Winslow

Case Details

Full title:Scott Eric CONNER, Plaintiff-Appellant, v. Aaron D. WINSLOW…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 15, 2010

Citations

384 F. App'x 557 (9th Cir. 2010)

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