Opinion
No. 10-17518 D.C. No. 2:09-cv-01522-FJM
01-25-2012
JERRY LEE WAIDE, Jr., Plaintiff - Appellant, v. GRAIG BELCOURT, Doctor, Health Care Provider at Rynning Unit; 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NOT FOR PUBLICATION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 District of Arizona
Frederick J. Martone, District Judge, Presiding
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Jerry Lee Waide, Jr., an Arizona state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal for failure to exhaust, and for clear error its factual determinations. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.
The district court properly dismissed Waide's action because Waide failed to exhaust administrative remedies prior to filing suit. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (explaining that "proper exhaustion" is mandatory and requires adherence to administrative procedural rules); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002) (per curiam) (requiring exhaustion of administrative remedies prior to filing suit).
Waide's remaining contentions are unpersuasive.
All pending motions are denied.
AFFIRMED.