FILED
NOT FOR PUBLICATION MAY 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RODNEY LAMONT DOWD, No. 11-15360
Plaintiff - Appellant, D.C. No. 1:07-cv-01505-OWW-
DLB
v.
S. MEYST, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
California state prisoner Rodney Lamont Dowd appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to
exhaust administrative remedies under the Prison Litigation Reform Act, 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).
§ 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 the action without prejudice because
Dowd failed to exhaust administrative remedies prior to filing suit. See Woodford
v. Ngo, 548 U.S. 81, 93-95 (2006) (holding that “proper exhaustion” is mandatory
and requires adherence to administrative procedural rules).
Dowd’s remaining contentions are unpersuasive.
Dowd’s motion to expedite for good cause, filed April 11, 2012, is denied as
moot.
AFFIRMED.
2 11-15360