Rodney Garrott v. Michael Lefrancis

MEMORANDUM

Washington state prisoner Rodney L. Garrott appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging excessive force against him while he was a pretrial detainee. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to exhaust and for clear error any underlying factual findings. Sapp v. Kimbrell, 623 F.3d 813, 821 (9th Cir.2010). We affirm.

The district court properly dismissed Garrott’s action without prejudice because Garrott failed to exhaust his administrative remedies. See Woodford v. Ngo, 548 U.S. 81, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006)(requiring proper and timely exhaustion of prisoner claims). The district court did not clearly err in finding that Garrott failed to pursue all levels of administrative grievances available to him. Cf. Sapp, 623 F.3d at 822-23 (exhaustion is not required where administrative remedies are rendered “effectively unavailable”).

The district court did not abuse its discretion in denying Garrott’s motion for reconsideration because Garrott failed to establish grounds for such relief. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255,…