Emmanuel Bull v. J. Brown

MEMORANDUM

California state prisoner Emmanuel T. Bull, a.k.a. Emmanuel Tyrone Bull, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Sapp v. Kimbrell, 623 F.3d 813, 821 (9th Cir.2010) (dismissal for failure to exhaust administrative remedies); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal for failure to state a claim under 28 U.S.C. § 1915A). We affirm.

The district court properly concluded that Bull failed to exhaust his Eighth Amendment excessive force claim and failed to establish that administrative remedies were effectively unavailable to him. See Sapp, 623 F.3d at 821-24 (explaining that 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).

The district court properly dismissed Bull’s due process claim regarding the April 2003 disciplinary hearing because Bull failed to allege facts sufficient to show that the results of the disciplinary hearing,…