Palacios

James Jackson v. Palacios

Good Law
361 F. App'x 902
United States Court of Appeals for the Ninth CircuitJanuary 11, 201008-56869California202 words

Opinion

Opinion

MEMORANDUM

James Morris Jackson, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies pursuant to the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to exhaust, and for clear error its factual determinations, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and we affirm.

The district court properly dismissed the action because Jackson’s failure to submit an appeal within the fifteen-working-day deadline did not constitute proper exhaustion. See Woodford, v. Ngo, 548 U.S. 81, 83-84, 95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” under 42 U.S.C. § 1997 is mandatory and cannot be satisfied “by filing an untimely or otherwise proeedurally defective administrative grievance or appeal”); see also Cal.Code Regs. tit. 15, § 3084.6(c) (providing that an inmate must submit an administrative appeal within fifteen working days of the event or decision being appealed).

Jackson’s remaining contentions are unpersuasive.

AFFIRMED.

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