Monin
Joseph Antonetti v. Monin
Opinion
Opinion
MEMORANDUM
Joseph Antonetti, a Nevada state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging numerous constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (exhaustion); Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per cu-riam) (Fed.R.Civ.P. 12(b)(6) dismissal and summary judgment). We may affirm on any basis supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm in part, reverse in part, and remand.
Dismissal of Antonetti’s claims alleging deliberate indifference to his serious medical needs, inadequate law library access, and the general use of batons, was proper because Antonetti failed to exhaust administrative remedies. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (“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). We construe the dismissal of these claims to be without…