James Battle v. Tonya Wick

MEMORANDUM

James Arthur Battle, a Washington state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies pursuant to the Prison Litigation Reform Act (“PLRA”), 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 Battle did not exhaust available administrative remedies before filing his federal action. See Booth v. Churner, 532 U.S. 731, 739-41 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001) (holding that exhaustion of available administrative remedies is mandatory under the PLRA regardless of the relief offered through administrative procedures); see also 42 U.S.C. § 1997e(a) (allowing no prisoner to bring an action concerning prison conditions under § 1983 until available administrative remedies are exhausted). Battle’s arguments in opposition to the motion to dismiss were insufficient to defeat the motion. See Wyatt, 315 F.3d at…