Darnell Griffin v. Nolan Espinda
Opinion
Opinion
MEMORANDUM
Hawaii state prisoner Darnell Griffin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent to his safety and health. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to exhaust, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and we affirm.
The district court properly dismissed Griffin’s action because he failed to exhaust administrative remedies. 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 considering defendants’ motion to dismiss despite the fact that it was filed outside the time limits set by the scheduling order and the local rules. See Atchison, Topeka & Santa Fe Ry. Co. v. Hercules, 146 F.3d 1071, 1074 (9th Cir.1998) (recognizing the district court’s “inherent authority to control its dockets”).
Griffin’s remaining contentions, including those concerning equitable estoppel, are unpersuasive.