FILED
NOT FOR PUBLICATION JUN 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
L. SEVILLE PARKS, No. 10-15307
Plaintiff - Appellant, D.C. No. 3:06-cv-00405-RCJ-VPC
v.
MEMORANDUM *
RICHARD FALGE; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
L. Seville Parks, a former Nevada state prisoner, appeals pro se from the
district court’s judgment dismissing his civil rights action for failure to exhaust
administrative remedies under the Prison Litigation Reform Act, 42 U.S.C.
§ 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the
*
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).
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 Parks’s action because Parks failed to
exhaust administrative remedies or demonstrate that he was obstructed from doing
so. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (“proper exhaustion” is
mandatory and requires adherence to administrative procedural rules).
Parks’s remaining contentions are unpersuasive.
AFFIRMED.
2 10-15307