Fox Salerno v. Charles Ryan

MEMORANDUM

Arizona state prisoner Fox Joseph Salerno appeals pro se from the district court’s judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging a First Amendment violation. We have jurisdic tion under 28 U.S.C. § 1291 . We review de novo. Sapp v. Kimbrell, 623 F.3d 813, 821 (9th Cir.2010). We affirm.

The district court properly concluded that Salerno failed to exhaust his administrative remedies through all available levels, and that Salerno did not show that administrative remedies were 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, 623 F.3d at 822-23 (describing limited circumstances under which administrative remedies are deemed unavailable or exhaustion is excused).

The district court did not abuse its discretion by denying Salerno’s motion for reconsideration because Salerno failed to establish a basis for such relief. See D. Ariz. L.R. Civ. 7.2(g)(1) (setting forth grounds for reconsideration); Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS,…