Keith Kemp v. Howard Skolnik

MEMORANDUM

California state prisoner Keith Kemp appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations of various rights stemming from his placement in segregated housing. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s 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 Kemp’s claims alleging improper classifica tion and retaliatory transfer because Kemp failed to exhaust his administrative remedies prior to filing suit. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules).

Because Kemp does not raise any arguments regarding the district court’s dismissal of the remaining counts of his Sixth Amended Complaint, he waives any such challenge on appeal. See Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir.1994) (“We review only issues which are argued specifically and distinctly in a party’s opening brief. We will not manufacture arguments for an…