D'Baron v. Wackenhut Corrections Corp.

Full title: Joshua D'BARON, Plaintiff-Appellant, v. WACKENHUT CORRECTIONS CORPORATION…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 24, 2003

71 F. App'x 644 (9th Cir. 2003)

Opinion

71 Fed.Appx. 644 (9th Cir. 2003) Joshua D'BARON, Plaintiff-Appellant, v. WACKENHUT CORRECTIONS CORPORATION; et al., Defendants-Appellees. No. 02-17320. D.C. No. CV-00-05175-AWI/DLB. United States Court of Appeals, Ninth Circuit. July 24, 2003

Submitted July 21, 2003. ^*

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

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Eastern District of California, Anthony W. Ishii, District Judge Presiding.

Before LEAVY, HAWKINS, and RAWLINSON, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Joshua D'Baron appeals pro se the district court's summary judgment dismissing his prisoner civil rights action for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and we affirm.

The district court properly dismissed the action because D'Baron failed to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). See Booth v. Churner, 532 U.S. 731, 741, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001). We construe the district court's order as dismissing the action without prejudice. See Wyatt, 315 F.3d at 1120.

AFFIRMED.