FILED
NOT FOR PUBLICATION AUG 20 2014
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEVIN O’CONNELL, No. 13-16689
Plaintiff - Appellant, D.C. No. 1:11-cv-02163-BAM
v.
MEMORANDUM*
KERN VALLEY STATE PRISON; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Barbara A. McAuliffe, Magistrate Judge, Presiding**
Submitted August 13, 2014***
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
California state prisoner Kevin O’Connell appeals pro se from the district
court’s judgment dismissing for failure to exhaust administrative remedies his 42
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The parties consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo, Sapp v. Kimbrell, 623 F.3d 813, 821 (9th Cir. 2010), and
we affirm.
The district court properly concluded that O’Connell failed to exhaust his
administrative remedies because O’Connell did not complete the prison’s grievance
procedures concerning his claim or show that exhaustion was effectively unavailable.
See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (exhaustion is mandatory and
must be done in a timely manner consistent with prison policies); cf. Nunez v. Duncan,
591 F.3d 1217, 1224 (9th Cir. 2010) (excusing prisoner’s failure to exhaust where
prisoner is prevented from doing so by a prison official’s mistake).
AFFIRMED.
2 13-16689