Alvarez

Travis Thompson v. Alvarez

Good Law
479 F. App'x 776
United States Court of Appeals for the Ninth CircuitJuly 12, 201211-16546California498 words

Opinion

Opinion

MEMORANDUM

California state prisoner Travis Ray Thompson appeals pro se from the district court’s judgment dismissing his action alleging civil rights violations under 42 U.S.C. § 1983 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and for failure to exhaust, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and review for abuse of discretion the denial of a motion for appointment of counsel, Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir.2009). We affirm in part, reverse in part, and remand.

The district court properly dismissed Thompson’s excessive force claims against defendants Alvarez and Redenius because Thompson failed to exhaust administrative remedies with respect to these claims. 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); Sapp v. Kimbrell, 623 F.3d 813, 823-24 (9th Cir.2010) (to fall within the futility exception to the administrative exhaustion requirement the…

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