FILED
NOT FOR PUBLICATION MAR 05 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DAVID WAYNE WILSON, No. 08-17633
Plaintiff - Appellant, D.C. No. 2:06-cv-01629-GEB-KJM
v.
MEMORANDUM *
K. WANN; 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 February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
David Wayne Wilson, a California state prisoner, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to
*
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).
rgs/Research
exhaust administrative remedies pursuant to 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 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 Wilson’s claims under the First and
Eighth Amendments because he did not complete the administrative appeals
process in accordance with the administrative procedural rules, and failed to
demonstrate that he was obstructed from doing so. See Woodford v. Ngo, 548 U.S.
81, 90-91 (2006) (explaining that “proper exhaustion” under § 1997e(a) requires
inmates to complete “all steps that the agency holds out” and to follow
administrative procedural rules).
We do not reach the contention by appellee property officer Wann that this
appeal is also barred under the three-strikes provision of the Prison Litigation
Reform Act, and we deny as moot Wann’s related request for judicial notice.
AFFIRMED.
rgs/Research 2 08-17633