Jesse Shavers, Jr. v. D. Clark

FILED NOT FOR PUBLICATION MAR 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JESSE LEE SHAVERS, Jr., No. 12-15596 Plaintiff - Appellant, D.C. No. 2:10-cv-01001-JAM- CKD v. D. CLARK; et al., MEMORANDUM* Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding Submitted March 12, 2013** Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges. California state prisoner Jesse Lee Shavers, Jr., appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging retaliation and failure to protect. We have jurisdiction under 28 U.S.C. § 1291. * 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). We review de novo a dismissal for failure to exhaust administrative remedies. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm. The district court properly dismissed Shavers’s action because Shavers failed to exhaust his administrative remedies prior to filing suit. 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); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002) (per curiam) (requiring exhaustion of administrative remedies prior to filing suit). AFFIRMED. 2 12-15596