Matthew Johnson v. Darr

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NOT FOR PUBLICATION JUN 21 2013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