FILED
NOT FOR PUBLICATION JUL 12 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LORENZO SEGURA, No. 11-15877
Plaintiff - Appellant, D.C. No. 2:08-cv-02477-JAM-
CMK
v.
McGUIRE, C/O, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
California state prisoner Lorenzo Segura appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action, without prejudice, for
failure to exhaust administrative remedies under the Prison Litigation Reform Act,
*
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).
42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review
de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.
The district court properly dismissed Segura’s action because Segura did not
properly exhaust administrative remedies before filing his complaint, and failed to
show that administrative remedies were effectively unavailable to him. See
Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (“proper exhaustion” is
mandatory and requires adherence to administrative procedural rules).
Segura’s remaining contentions are unpersuasive.
AFFIRMED.
2 11-15877