Moore
Moore v. Avery
Opinion
Lead Opinion
MEMORANDUM **
On September 25, 2000, Correctional Officer Jessie Avery shot state prisoner Del *764 fonzo Moore. Moore commenced a 42 U.S.C. § 1983 action in district court against Avery on December 18, 2001. The complaint alleged that Avery violated Moore’s right to be free from cruel and unusual punishment under the Eighth Amendment.
The district court granted in part and denied in part Avery’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss on the grounds that Moore failed to state a claim and that Moore failed to exhaust state administrative remedies as required by the Prison Litigation Reform Act (“PLRA”). Nine months later, Moore’s counsel attempted to file a first amended complaint, which was rejected by the clerk of the court.
Moore now appeals the district court’s order dismissing his original complaint and the court’s order rejecting his first amended complaint. 2 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Standard of Review
A district court’s dismissal of a complaint under Federal Rule of Civil Procedure 12(b)(6) is reviewed de novo, see Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001), with all allegations considered in…