Glenn O'Neal v. A. Solis

MEMORANDUM

California state prisoner Glenn David O’Neal appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging various constitutional claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir.2014) (en banc) (legal rulings- on exhaustion of administrative remedies); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly concluded that O’Neal failed to exhaust his administrative remedies because the documents attached to the complaint showed that O’Neal had not exhausted his grievances for each cause of action before presenting them to the court. 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); see also Durning v. First Boston Corp., 815 F.2d 1265, 1267 (9th Cir.1987) (court may consider documents attached to the complaint).

The district court did not abuse its discretion by denying O’Neal’s motion for reconsideration because O’Neal failed to establish a basis for…