Mendez

MEMORANDUM

Robert Alan Anton, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations of his constitutional rights in connection with the use of force during an inmate fight. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to exhaust, and for clear error its factual determinations. Griffin v. Arpaio, 557 F.3d 1117, 1119 (9th Cir.2009). We affirm.

The district court properly dismissed Anton’s excessive force claim for failure to exhaust administrative remedies because Mendez offered evidence showing that Anton did not properly file any grievances alleging excessive force before initiating this action, and Anton did not effectively rebut this evidence. See Wyatt v. Terhune, 315 F.3d 1108, 1119-20 (9th Cir.2003) (“[DJefendants have the burden of ... proving the absence of exhaustion!,]” and “[i]n deciding a motion to dismiss for failure to exhaust nonjudicial remedies, the court may look beyond the pleadings and decide disputed facts.”); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir.2002) (per curiam) (requiring exhaustion prior to filing…