Jessie Watson v. Martin Veal

FILED NOT FOR PUBLICATION JUL 25 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JESSIE WATSON, No. 10-15664 Plaintiff - Appellant, D.C. No. 2:06-cv-02672-MCE- EFB v. MARTIN VEAL and BONCARROS, MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Morrison England, District Judge, Presiding Submitted July 17, 2012 ** Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges. California state prisoner Jessie Watson 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, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003), and we affirm. The district court properly dismissed the action because Watson did not 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). Watson’s remaining contentions are unpersuasive. AFFIRMED. 2 10-15664