Sheikh El' Ali v. Fred Greer

MEMORANDUM

California state prisoner Sheikh Muftii El’Ali appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir.2014). We affirm.

The district court properly dismissed El’Ali’s action because El’Ali failed to exhaust administrative remedies and failed to demonstrate that administrative remedies were effectively unavailable to him. 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 applicable procedural rules); Nunez v. Duncan, 591 F.3d 1217, 1224-26 (9th Cir.2010) (where defendant establishes failure to exhaust, burden shifts to plaintiff to prove that administrative remedies were unavailable to him).

The district court did not abuse its discretion by denying El’Ali’s motion for a temporary restraining order because El’Ali failed to demonstrate a strong likelihood of success on the merits. See Earth Island Inst. v. U.S.…