Shauntae Taylor v. Suchil

559 F. App'x 618

Opinion

MEMORANDUM **

California state prisoner Shauntae Taylor appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants used excessive force against him. We review de novo a dismissal for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), and for clear error the district court’s underlying factual determinations. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly dismissed Taylor’s action without prejudice because Taylor did not properly exhaust his administrative remedies prior to filing suit. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules). Moreover, Taylor failed to show that administrative remedies were effectively unavailable to him. See Sapp v. Kimbrell, 623 F.3d 813, 822 (9th Cir.2010) (exhaustion is not required where administrative remedies are “effectively unavailable”).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.