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Plush v. Lewis County

United States Court of Appeals, Ninth Circuit
Aug 21, 2003
73 F. App'x 961 (9th Cir. 2003)

Opinion


73 Fed.Appx. 961 (9th Cir. 2003) Cyrus N. PLUSH, Plaintiff--Appellant, v. LEWIS COUNTY; et al., Defendants--Appellees. No. 03-35262. D.C. No. CV-02-05279-FDB. United States Court of Appeals, Ninth Circuit. August 21, 2003

Submitted August 11, 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NOT FOR PUBLICATION.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)

Pro se state inmate filed action under § 1983 alleging prison officials showed deliberate indifference by failing to provide him adequate nutrition. The United States District Court for the Western District of Washington, Franklin D. Burgess, J., dismissed action. Inmate appealed. The Court of Appeals held that inmate failed to exhaust administrative remedies before filing action.

Affirmed.

Page 962.

Appeal from the United States District Court for the Western District of Washington; Franklin D. Burgess, District Judge, Presiding.

Before SCHROEDER, Chief Judge, HAWKINS and TASHIMA, 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.

Cyrus N. Plush, a Washington state prisoner, appeals pro se from the district court's judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging prison officials showed deliberate indifference by failing to provide him adequate nutrition. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court's determination that a prisoner failed to exhaust administrative remedies, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and we affirm.

The district court properly dismissed the action because Plush 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).

The remaining contentions lack merit.

AFFIRMED.


Summaries of

Plush v. Lewis County

United States Court of Appeals, Ninth Circuit
Aug 21, 2003
73 F. App'x 961 (9th Cir. 2003)
Case details for

Plush v. Lewis County

Case Details

Full title:Cyrus N. PLUSH, Plaintiff--Appellant, v. LEWIS COUNTY; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 21, 2003

Citations

73 F. App'x 961 (9th Cir. 2003)