Greene v. Pliler

Ninth Circuit

Greene v. Pliler

325 F. App'x 491

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 7, 2009

DocketNo. 07-15325

StatusPublished

This text of 325 F. App'x 491 (Greene v. Pliler) 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

Greene v. Pliler, 325 F. App'x 491 (9th Cir. 2009).

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Opinion

MEMORANDUM

**

California state prisoner Marvellous A. Greene, Sr. appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action, without prejudice, for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly dismissed the action because Greene did not properly exhaust administrative remedies before submitting his complaint to federal court. See McKinney v. Carey, 311 F.3d 1198, 1200-01 (9th Cir.2002) (per curiam) (requiring inmates to exhaust administrative procedures before filing suit in federal court); see also Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir.2006) (holding that an action is brought for purposes of § 1997e(a) when the prisoner submits his complaint to the court). The remainder of Greene’s contentions on appeal are unpersuasive.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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MEMORANDUM

**

California state prisoner Marvellous A. Greene, Sr. appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action, without prejudice, for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly dismissed the action because Greene did not properly exhaust administrative remedies before submitting his complaint to federal court. See McKinney v. Carey, 311 F.3d 1198, 1200-01 (9th Cir.2002) (per curiam) (requiring inmates to exhaust administrative procedures before filing suit in federal court); see also Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir.2006) (holding that an action is brought for purposes of § 1997e(a) when the prisoner submits his complaint to the court). The remainder of Greene’s contentions on appeal are unpersuasive.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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Bluebook (online)

325 F. App'x 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-pliler-ca9-2009.

Opinion

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