Gregory Rideau, Jr. v. Jeanne Woodford

MEMORANDUM

Gregory Sylvester Rideau, Jr., a California state prisoner, appeals pro se from the district court’s judgment dismissing his claims against certain defendants and summarily adjudicating his remaining claim in his 42 U.S.C. § 1983 action alleging deliberate indifference to medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to exhaust, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and a grant of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly dismissed the sole claim against defendant James related to inadequate medical care because Rideau failed to exhaust administrative remedies as to this claim before filing suit as required under the Prison Litigation Reform Act (“PLRA”). See 42 U.S.C. § 1997e(a) (“No action shall be brought with respect to prison conditions ... until such administrative remedies as are available are exhausted.”); see also McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir.2002) (per curiam) (requiring dismissal where prisoner fails to exhaust administrative remedies before filing suit and tries to do so while case is…