Montue
Montue v. National Concrete Cutting
Opinion
Lead Opinion
MEMORANDUM **
John C. Montue, a California state inmate, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that he was unconstitutionally subjected to dangerous conditions caused by the seismic retrofitting of the prison. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissals for failure to state a claim. Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998) (granting defendant’s motion to dismiss); Omar v. Sea-Land Serv., Inc., 813 F.2d 986 , 991 (9th Cir.1987) (sua sponte dismissal). We may affirm on any ground supported by the record. Steckman, 143 F.3d at 1295 . We affirm in part, vacate in part, and remand.
The district court correctly dismissed Montue’s action as to the prison officials because it was clear from the face of the amended complaint that he had failed to exhaust the available prison administrative remedies. See 42 U.S.C. § 1997e(a); Booth v. Churner, 532 U.S. 731, 739-41 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001). Montue’s contention on appeal that the district court erred in applying Booth to his case is unpersuasive because the Supreme Court’s interpretation of federal law is…