Opinion
21-15812
05-26-2022
TRAVIS RAY THOMPSON, Plaintiff-Appellant, v. KATHLEEN ALLISON, Secretary of CDCR; CONNIE GIPSON, Warden, Director of the Div. of Adult Inst.; IGBINOZA, Chief Medical Officer; CHRISTIAN PFEIFFER, Warden, Warden, Kern Valley State Prison, Defendants-Appellees.
NOT FOR PUBLICATION
Submitted May 17, 2022
Appeal from the United States District Court for the Eastern District of California D.C. No. 1:21-cv-00001-AWI-JLT Anthony W. Ishii, District Judge, Presiding
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
MEMORANDUM [*]
California state prisoner Travis Ray Thompson appeals pro se from the district court's judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging violations of his Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo legal rulings on exhaustion. Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014) (en banc). We affirm.
The district court properly dismissed Thompson's action because Thompson was required to exhaust administrative remedies, but alleged in the complaint that he did not. See Albino, 747 F.3d at 1169 (where a failure to exhaust is clear from the face of the complaint, a district court may dismiss for failure to state a claim); see also Ross v. Blake, 578 U.S. 632, 643-44 (2016) (articulating the limited circumstances in which administrative remedies are not "available" and therefore need not be exhausted).
AFFIRMED.
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).