Opinion
This 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NOT FOR PUBLICATION.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)
Inmate appealed dismissal, by the United States District Court for the Central District of California, Audrey B. Collins, J., of his § 1983 action against state prison officials. The Court of Appeals held that dismissal was proper.
Affirmed.
Appeal from the United States District Court for the Central District of California, Audrey B. Collins, District Judge, Presiding. D.C. No. CV-02-01047-ABC.
Timothy D. Jones, E-96355, CALSP-Calipatria State Prison, Calipatria, CA, pro se.
Susan Eileen Coleman, Esq., AGCA-Office of the California, Attorney General (San Diego), San Diego, CA, for Defendant-Appellee.
Before: SKOPIL, FERGUSON, and BOOCHEVER, Circuit Judges.
Page 626.
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.
Timothy D. Jones appeals from the dismissal of his complaint under 42 U.S.C. § 1983 against California prison officials. We have jurisdiction under 28 U.S.C. § 1291, and because Jones failed to exhaust administrative remedies, we affirm.
The Prison Reform Litigation Act requires prisoners to exhaust "such administrative remedies as are available" before bringing suit under § 1983. 42 U.S.C. § 1997e(a). Jones admits he did not complete the administrative procedure. He filed a grievance appealing the disciplinary committee finding that he was a mutual combatant. The appeal was canceled because Jones refused to be interviewed, and Jones did not appeal from the cancellation as prison regulations provided. He therefore failed to exhaust his administrative remedies, and the district court's dismissal without prejudice was proper. See Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir.), cert. denied, --- U.S. ----, 124 S.Ct. 50, 157 L.Ed.2d 23 (2003).
AFFIRMED.