FILED
NOT FOR PUBLICATION APR 20 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PHILLIP J. ROSENBLUM, No. 09-17555
Plaintiff - Appellant, D.C. No. 2:06-cv-00764-GEB-
DAD
v.
MULE CREEK STATE PRISON MEMORANDUM *
MEDICAL OFFICIALS; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Phillip J. Rosenblum, a California state prisoner, appeals pro se from the
district court’s judgment dismissing for failure to exhaust administrative remedies
under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), his 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).
§ 1983 action. 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 Rosenblum’s action because he failed
to exhaust administrative remedies or demonstrate that he was excused from doing
so. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (holding that “proper
exhaustion” is mandatory and requires adherence to administrative procedural
rules).
Rosenblum’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-17555