Moore

Moore v. Baca

Good Law
130 F. App'x 175
United States Court of Appeals for the Ninth CircuitMay 5, 2005No. 03-56637California811 words

Opinion

Lead Opinion

ORDER AND MEMORANDUM *

Plaintiffs, African-Americans who suffered injury during race riots when they were inmates in a Los Angeles County jail facility, appeal on procedural grounds the district court’s dismissal of fifteen Plaintiffs for failure to exhaust administrative remedies, dismissal of fourteen Plaintiffs for failure to be made available for deposition, dismissal of three Plaintiffs for failure to answer questions at their depositions, and the decision not to consider one Plaintiffs ex parte request for reinstatement. Plaintiffs also appeal on substantive grounds the district court’s grant of summary judgment for Defendants on Plaintiffs’ constitutional claims brought under 42 U.S.C. §§ 1983 and 1985(3). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts, we do not recount them here.

The district court properly dismissed fifteen Plaintiffs for failure to exhaust administrative remedies as the Prison Litigation Reform Act required. 1 The court properly found that the evidence showed that these Plaintiffs were in custody when they filed their complaint and that they failed to exhaust available administrative…

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