Chavez v. Crosby

Ninth Circuit

Chavez v. Crosby

61 F. App'x 487

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 18, 2003

DocketNo. 02-16264; D.C. No. CV-00-21091-JF

StatusPublished

This text of 61 F. App'x 487 (Chavez v. Crosby) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chavez v. Crosby, 61 F. App'x 487 (9th Cir. 2003).

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Opinion

MEMORANDUM

**

California state prisoner Guillermo Chavez appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

The district court properly dismissed Chavez’s action for failure to exhaust administrative remedies because Chavez submitted exhibits demonstrating that he did not appeal his October 5,1999 grievance to the director’s level of review. See Booth v. Churner, 532 U.S. 731, 739-41, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001); cf. Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir.2003) (a prisoner’s concession to nonexhaustion can be a valid ground for dismissal).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

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MEMORANDUM

**

California state prisoner Guillermo Chavez appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

The district court properly dismissed Chavez’s action for failure to exhaust administrative remedies because Chavez submitted exhibits demonstrating that he did not appeal his October 5,1999 grievance to the director’s level of review. See Booth v. Churner, 532 U.S. 731, 739-41, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001); cf. Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir.2003) (a prisoner’s concession to nonexhaustion can be a valid ground for dismissal).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

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Bluebook (online)

61 F. App'x 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chavez-v-crosby-ca9-2003.

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