Malik Jones v. Mike Evans

MEMORANDUM

California state prisoner Malik Jones appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging excessive force and deliberate indifference to safety. 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). We affirm.

The district court properly dismissed Jones’s action because Jones did not properly exhaust administrative remedies, and failed to show that administrative remedies were effectively unavailable to him. 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 (9th Cir.2010) (exhaustion is not required where administrative remedies are “effectively unavailable”); see also Harvey v. Jordan, 605 F.3d 681, 684 (9th Cir.2010) (fifteen-day filing period begins to run when the inmate has all the information he needs in order to file a grievance).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as…