FILED
NOT FOR PUBLICATION JUN 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MATTHEW LOUIS JOHNSON, No. 12-55532
Plaintiff - Appellant, D.C. No. 3:10-cv-02334-WQH
v.
MEMORANDUM *
DARR, Correctional Officer, Captain of
the Prison,
Defendant - Appellee.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted June 18, 2013 **
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
California state prisoner Matthew Louis Johnson appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to
exhaust administrative remedies. 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, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003), and
affirm.
The district court properly dismissed Johnson’s action without prejudice
because Johnson failed to exhaust the prison grievance procedures concerning his
claims. See Woodford v. Ngo, 548 U.S. 81, 93-95 (2006) (holding that “proper
exhaustion” is mandatory and requires adherence to administrative procedural
rules).
Darr’s request for judicial notice is denied.
AFFIRMED.
2 12-55532