Robin Combs, Sr. v. Joseph Lehman

MEMORANDUM

Washington state prisoner Robin Blake Combs, Sr., appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004) (dismissal on the basis of the applicable statute of limitations); Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004) (summary judgment); Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (dismissal for failure to exhaust). We affirm.

The district court properly dismissed without prejudice Combs’ mattress claim because Combs failed to exhaust prison grievance procedures concerning that claim. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (exhaustion is mandatory and must be done in a timely manner consistent with prison policies).

The district court properly dismissed as time-barred those claims for which Combs exhausted his administrative remedies more than three years before filing his complaint. See Wash. Rev.Code § 4.16.080 (three-year statute of limitations for personal injury actions); Brown v. Valoff, 422 F.3d…