Saladin Rushdan v. T. Perbula

MEMORANDUM

Saladin Rushdan appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging federal and state law claims in connection with his attempts to enforce the terms of a settlement agreement. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (failure to exhaust administrative remedies); Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam) (Fed. R.Civ.P. 12(b)(6) dismissal). We may affirm on any basis supported by the record, Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002), and we affirm.

Dismissal of Rushdan’s § 1983 claims was proper because Rushdan failed to exhaust administrative remedies as to his claims against Ramirez-Palmer, Hall, Perbula, Stratton, and Dovey. 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).

The district court properly dismissed Rushdan’s state law claims for failure to allege compliance with the California Tort Claims Act as required for any civil complaint for money damages against a public…