Quillar v. Brinkman

Full title: Lee V. QUILLAR, Plaintiff--Appellant, v. R.A. BRINKMAN, Correctional…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 15, 2003

63 F. App'x 361 (9th Cir. 2003)

Opinion

63 Fed.Appx. 361 (9th Cir. 2003) Lee V. QUILLAR, Plaintiff--Appellant, v. R.A. BRINKMAN, Correctional Officer, Defendant--Appellee. No. 02-17036. D.C. No. CV-00-00955-GEB(pan). United States Court of Appeals, Ninth Circuit. May 15, 2003

Submitted May 12, 2003. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Accordingly, we deny Quillar's request for oral argument.

NOT FOR PUBLICATION.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

Page 362.

, Garland E. Burrell, District Judge, Presiding.

Before PREGERSON, REINHARDT, and GRABER, 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.

Lee V. Quillar, a California state prisoner, appeals pro se the district court's judgment dismissing without prejudice his 42 U.S.C. § 1983 action alleging violation of his First, Eighth, and Fourteenth Amendment rights. We review de novo a dismissal for failure to exhaust administrative remedies. Rumbles v. Hill, 182 F.3d 1064, 1067 (9th Cir.1999). We affirm.

The district court correctly dismissed Quillar's action because it was clear from the face of the amended complaint that he had failed to exhaust available prison administrative remedies. See 42 U.S.C. § 1997e(a); Booth v. Churner, 532 U.S. 731, 739-41, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001). Quillar's contention on appeal that the district court erred in applying Booth to his case is unpersuasive because the Supreme Court's interpretation of federal law is applied retroactively to all cases still open on direct review. See Harper v. Virginia Dep't of Taxation, 509 U.S. 86, 97, 113 S.Ct. 2510, 125 L.Ed.2d 74 (1993).

AFFIRMED.