Kenneth McKnight v. Jorga Powers ( 2013 )

FILED
NOT FOR PUBLICATION FEB 14 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH C. McKNIGHT, No. 12-15693
Plaintiff - Appellant, D.C. No. 3:11-cv-00028-ECR-
VPC
v.
JORGA POWERS; et al., MEMORANDUM*
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, Jr., District Judge, Presiding
Submitted February 11, 2013**
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Former Nevada state prisoner Kenneth C. McKnight appeals pro se from the
district court’s judgment dismissing his action alleging that defendants prevented
him from participating in various prison programs on the basis of his disabilities, in
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
violation of the Americans with Disabilities Act (“ADA”). We have jurisdiction
under 28 U.S.C. § 1291. We review de novo a 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 McKnight’s first, third, fourth, and
seventh claims without prejudice because McKnight failed properly to exhaust his
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); see also O’Guinn v. Lovelock Corr.
Ctr., 502 F.3d 1056, 1060-61 (9th Cir. 2007) (a prisoner must exhaust
administrative remedies for ADA claims).
We do not consider McKnight’s other claims because McKnight has not
adequately raised them on appeal. See Wilcox v. Comm’r, 848 F.2d 1007, 1008 n.2
(9th Cir. 1988) (arguments not raised on appeal by pro se litigant deemed
abandoned); see also Am. Int’l Enters., Inc. v. FDIC, 3 F.3d 1263, 1266 n.5 (9th
Cir. 1993) (issues unsupported by argument are waived).
To the extent that it requests relief, McKnight’s “notice of conflicting case
numbers,” filed on April 16, 2012, is denied.
AFFIRMED.
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