Jerry Waide, Jr. v. Graig Belcourt

FILED
NOT FOR PUBLICATION JAN 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JERRY LEE WAIDE, Jr., No. 10-17518
Plaintiff - Appellant, D.C. No. 2:09-cv-01522-FJM
v.
MEMORANDUM *
GRAIG BELCOURT, Doctor, Health Care
Provider at Rynning Unit; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
Submitted January 17, 2012 **
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.
*
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).
§ 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.
2 10-17518