Jenghiz Stewart v. Unknown Korsen
Opinion
Opinion
MEMORANDUM
Jenghiz K. Stewart, an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). 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. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.
The district court properly dismissed the action without prejudice because Stewart failed to exhaust administrative remedies prior to filing suit. See Woodford v. Ngo, 548 U.S. 81, 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); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir.2002) (per curiam) (requiring exhaustion of administrative remedies prior to filing suit).
Stewart’s remaining contentions are unpersuasive.
We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983 , 985 n. 2 (9th Cir.2009) (per curiam).