Kenneth McKnight v. Jorga Powers

MEMORANDUM

Former Nevada state prisoner Kenneth C. McKnight appeals pro se from the dis trict court’s judgment dismissing his action alleging that defendants prevented him from participating in various prison programs on the basis of his disabilities, in violation of the Americans with Disabilities Act (“ADA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to exhaust administrative remedies. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly dismissed McKnight’s first, third, fourth, and seventh claims without prejudice because McKnight failed properly to exhaust his administrative remedies before filing suit. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules); see also O’Guinn v. Lovelock Corr. Ctr., 502 F.3d 1056, 1060-61 (9th Cir.2007) (a prisoner must exhaust administrative remedies for ADA claims).

We do not consider McKnight’s other claims because McKnight has not adequately raised them on appeal. See Wilcox v. Comm’r, 848 F.2d 1007 , 1008 n. 2 (9th…