William Gray v. M. Geisel

MEMORANDUM

Idaho state prisoner William Gray appeals pro se from the district court’s order dismissing for failure to exhaust administrative remedies her 42 U.S.C. § 1983 action alleging retaliation and unconstitutional conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The district court properly dismissed Gray’s action because Gray failed to exhaust her administrative remedies under applicable regulations and failed to establish that administrative remedies were effectively unavailable to her. See Sapp v. Kimbrell, 623 F.3d 813, 821-24 (9th Cir.2010) (stating that, under the Prison Litigation Reform Act, proper exhaustion requires compliance with the agency’s deadlines and procedural rules concerning grievances, and describing limited circumstances where improper screening renders administrative remedies unavailable); Albino v. Baaa, 747 F.3d 1162, 1171 (9th Cir.2014) (standard of review).

The district court did not abuse its discretion by rejecting Gray’s amended complaint for failure to comply with Rule 8(a)’s requirement of a short and plain statement of the claims. See Fed.R.Civ.P. 8(a); Carrigan v. Cal. State Legislature, 263 F.2d 560 ,…