Opinion
No. 13-17027
09-09-2015
STEVEN DEAN PARKS, Plaintiff - Appellant, v. O. ONYEJE, M.D., Defendant - Appellee.
NOT FOR PUBLICATION
D.C. No. 1:11-cv-00999-BAM MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Barbara McAuliffe, Magistrate Judge, Presiding
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).
California state prisoner Steven Dean Parks appeals pro se from the district court's judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014) (en banc). We affirm.
The district court properly concluded that Parks failed to exhaust his administrative remedies regarding his claim that Dr. Onyeje was deliberately indifferent to Parks's valley fever. See Jones v. Bock, 549 U.S. 199, 211 (2007) (explaining that "unexhausted claims cannot be brought in court"); Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (holding that "proper exhaustion" is mandatory and requires adherence to administrative procedural rules). Parks does not challenge the dismissal of his other medical claims on appeal.
The district court did not abuse its discretion in denying Parks's motions for default judgment because Onyeje timely filed a responsive pleading by the deadline set by the district court. See Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986) (setting forth the standard of review and factors for determining whether to enter default judgment under Fed. R. Civ. P. 55).
The district court did not abuse its discretion in denying Parks's motions for sanctions because Parks failed to satisfy the requirements of Fed. R. Civ. P. 11. See Holgate v. Baldwin, 425 F.3d 671, 675, 677-78 (9th Cir. 2005) (setting forth the standard of review and requirements for sanctions under Fed. R. Civ. P. 11).
AFFIRMED.