FILED
NOT FOR PUBLICATION SEP 25 2012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
BERNARDO CRUZ-MOSQUERA, No. 11-17585
Plaintiff - Appellant, D.C. No. 3:10-cv-00594-RCJ-VPC
v.
MEMORANDUM *
K. GURRIES, Correctional Officer; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Nevada state prisoner Bernardo Cruz-Mosquera appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging excessive
force. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the
*
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).
district court’s dismissal for failure to exhaust. Wyatt v. Terhune, 315 F.3d 1108,
1117 (9th Cir. 2003). We affirm.
The district court properly dismissed Cruz-Mosquera’s action because he
failed to exhaust administrative remedies. See Woodford v. Ngo, 548 U.S. 81, 85,
93-95 (2006) (holding that “proper exhaustion” is mandatory and requires
adherence to administrative procedural rules).
AFFIRMED.
2 11-17585