FILED
NOT FOR PUBLICATION MAR 04 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
QUILLIE L. HARVEY, JR., No. 10-15208
Plaintiff - Appellant, D.C. No. 3:07-cv-01244-CRB
v.
MEMORANDUM *
ARNOLD SCHWARZENEGGER; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
California state prisoner Quillie L. Harvey, Jr. appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to
exhaust administrative remedies as required by the Prison Litigation Reform Act,
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 Harvey’s deliberate indifference claim
against defendants Mendez, Rodriguez, and Ippolito because Harvey did not
properly exhaust administrative remedies before filing his complaint in federal
court, and failed to show that administrative remedies were effectively unavailable
to him. See Woodford v. Ngo, 548 U.S. 81, 90 (2006) (explaining that “proper
exhaustion” requires adherence to administrative procedural rules); see also Sapp
v. Kimbrell, 623 F.3d 813, 823 (9th Cir. 2010) (exhaustion is not required where
administrative remedies are “effectively unavailable” because of improper
screening of grievances).
Harvey’s remaining contentions are unpersuasive.
AFFIRMED.
2 10-15208