Steven Parks v. O. Onyeje

MEMORANDUM

California state prisoner Steven Dean Parks appeals pro se from the district court’s judgment dismissing' for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. 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). We affirm.

The district court properly concluded that Parks failed to exhaust his administrative remedies regarding his claim that Dr. Onyeje was deliberately indifferent to Parks’s valley fever. See Jones v. Bock, 549 U.S. 199, 211 , 127 S.Ct. 910 , 166 L.Ed.2d 798 (2007) (explaining that “unex-hausted claims cannot be brought in court”); 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). Parks does not challenge the dismissal of his other medical claims on appeal.

The district court did not abuse its discretion in denying Parks’s motions for default judgment because Onyeje timely filed a responsive pleading by the deadline set by the district court. See Eitel v.…