FILED
NOT FOR PUBLICATION JUL 09 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHN E. BARNHOUSE, No. 10-35602
Plaintiff - Appellant, D.C. No. 3:09-cv-05527-RBL
v.
MEMORANDUM *
HAROLD CLARK; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Former Washington state prisoner John E. Barnhouse 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 with prejudice because
Barnhouse did not timely exhaust his prison grievance remedies. See Woodford v.
Ngo, 548 U.S. 81, 93-95 (2006) (exhaustion is mandatory and must be done in a
timely manner consistent with prison policies).
Barnhouse’s remaining contentions, including those that this court rejected
in a prior appeal, are unpersuasive.
AFFIRMED.
2 10-35602