Charles Reed v. State of Washington

MEMORANDUM

Washington state prisoner Charles V. Reed appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs in the treatment of his knee and in the processing of his administrative appeals. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to exhaust administrative remedies. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly dismissed Reed’s action without prejudice because Reed failed to exhaust administrative remedies before 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); Sapp v. Kimbrell, 623 F.3d 813, 823-24 (9th Cir.2010) (to fall within the futility exception to the administrative exhaustion requirement, the inmate must, inter alia, establish “that he actually filed a grievance or grievances”).

The district court did not abuse its discretion by denying Reed additional time for discovery because Reed failed to show how allowing…