From Casetext: Smarter Legal Research

Reed v. Washington

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 894 (9th Cir. 2012)

Opinion

No. 11-35690 D.C. No. 3:10-cv-05146-BHS

10-16-2012

CHARLES V. REED, Plaintiff - Appellant, v. STATE OF WASHINGTON; et. al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Western District of Washington

Benjamin H. Settle, District Judge, Presiding

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Washington state prisoner Charles V. Reed appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs in the treatment of his knee and in the processing of his administrative appeals. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal for failure to exhaust administrative remedies. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.

The district court properly dismissed Reed's action without prejudice because Reed failed to exhaust administrative remedies before filing suit. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (holding that "proper exhaustion" is mandatory and requires adherence to administrative procedural rules); Sapp v. Kimbrell, 623 F.3d 813, 823-24 (9th Cir. 2010) (to fall within the futility exception to the administrative exhaustion requirement, the inmate must, inter alia, establish "that he actually filed a grievance or grievances").

The district court did not abuse its discretion by denying Reed additional time for discovery because Reed failed to show how allowing additional discovery would have precluded summary judgment. See Chance v. Pac-Tel Teletrac Inc., 242 F.3d 1151, 1161 n.6 (9th Cir. 2001) (setting forth standard of review).

AFFIRMED.


Summaries of

Reed v. Washington

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 894 (9th Cir. 2012)
Case details for

Reed v. Washington

Case Details

Full title:CHARLES V. REED, Plaintiff - Appellant, v. STATE OF WASHINGTON; et. al.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 16, 2012

Citations

485 F. App'x 894 (9th Cir. 2012)