Cca

MEMORANDUM

Former California state prisoner David Torrez appeals pro se from the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to exhaust and for clear error any underlying factual findings. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly dismissed the action because Torrez did not exhaust prison grievance procedures and failed to demonstrate that prison officials’ tardy responses rendered exhaustion effectively unavailable. 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); Sapp v. Kimbrell, 623 F.3d 813, 822 (9th Cir.2010) (exhaustion is not required where administrative remedies are “effectively unavailable”). Moreover, contrary to his contentions, Torrez did not show that he received favorable grievance responses rendering further…