Kevin Smith, Jr. v. Los Angeles County

MEMORANDUM

California state prisoner Kevin B. Smith, Jr. appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that his Fourth and Fourteenth Amendment rights were violated during a partial strip search while he was a pretrial detainee. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Cook v. Brewer, 637 F.3d 1002, 1004 (9th Cir.2011) (failure to state a claim); Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (failure to exhaust administrative remedies). We affirm.

The district court properly dismissed without prejudice four of Smith’s claims because Smith failed to initiate an administrative grievance process as to any of those claims before filing his action. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (concluding that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir.2002) (per curiam) (requiring exhaustion of administrative remedies prior to filing suit).

The district court properly dismissed Smith’s Fourteenth Amendment claim against Deputy Sanchez because Smith failed to allege…