Ruiz

Kevin Fields v. Ruiz

Good Law
360 F. App'x 843
United States Court of Appeals for the Ninth CircuitDecember 29, 200908-16598California349 words

Opinion

Opinion

MEMORANDUM

Plaintiff Kevin E. Fields, a California state prisoner, appeals from the entry of summary judgment against him in his 42 U.S.C. § 1983 action alleging that prison officials of the California Department of Corrections and Rehabilitation (Defendants), violated his constitutional rights. On de novo review, Dietrich v. John Ascuaga’s Nugget, 548 F.3d 892, 896 (9th Cir.2008), we affirm.

1. Plaintiff was required to exhaust all available administrative remedies before filing this action in federal court. 42 U.S.C. § 1997e(a); see also Booth v. Churner, 532 U.S. 731, 738-39 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001) (holding that exhaustion of the administrative process is required so long as there is a “possibility of some relief’). The letter sent by the Inmate Appeals Branch to Plaintiff on March 24, 2003, explicitly instructed Plaintiff to contact the Appeals Coordinator if he disagreed with the rejection of his grievance appeal. Plaintiff did not contact the Appeals Coordinator before filing a complaint in the district court. Because an additional avenue of possible relief remained open to him, which he chose not to pursue, Plaintiff failed to exhaust all available…

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