Edward Finley v. Howard Skolnik

MEMORANDUM

Edward Finley, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging discrimination and other claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Akhtar v. Mesa, 698 F.3d 1202, 1209 (9th Cir.2012). We affirm in part, reverse in part, and remand.

The district court properly concluded that Finley failed to exhaust his retaliation, deliberate indifference, conspiracy, and due process claims, and his equal protection claim regarding the policy requiring outside registration to receive Kosher meals, because Finley either failed to file a timely grievance as to these claims or the relevant grievances did not provide notice of these claims. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (explaining that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules); Alchtar, 698 F.3d at 1211 (a grievance must alert the prison to the nature of the wrong for which redress is sought). Moreover, the district court did not abuse its discretion in denying Finley’s motion for…