Anthony Warren v. C.E. Floyd

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Anthony WARREN, Petitioner-Appellant, v. C.E. FLOYD, Respondent-Appellee. No. 94-15661. United States Court of Appeals, Ninth Circuit. Submitted Sept. 7, 1994. * Decided Sept. 13, 1994. Before: HALL, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Anthony Warren appeals pro se the district court's sua sponte dismissal without prejudice of his habeas corpus petition under 28 U.S.C. Sec. 2241 for failure to exhaust administrative remedies. Warren contends that the district court should have excused the exhaustion requirement based upon the emergency nature of his claim. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo the district court's dismissal without prejudice for failure to exhaust administrative remedies. See Cooney v. Edwards, 971 F.2d 345, 346 (9th Cir.1992). 4 To the extent that Warren's requested relief is an order directing prison officials to provide him with…