Davy Pough v. N. Grannis

MEMORANDUM

Davy Kelvin Pough, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his Eighth Amendment rights by denying him out-of-cell exercise in connection with a prison lockdown. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to exhaust administrative remedies and its factual determinations for clear error, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and we affirm.

The district court properly dismissed the action because Pough failed to exhaust administrative remedies prior to filing suit. 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 did not abuse its discretion in denying Pough’s motions to ap point counsel because Pough did not establish exceptional circumstances. See Agyeman v. Corr. Corp. of Am., 390 F.3d 1101 , 1103 (9th Cir.2004) (reviewing for abuse of discretion and explaining that a finding of exceptional circumstances justifying…