Robinson

Robinson v. Daniels

Good Law
139 F. App'x 822
United States Court of Appeals for the Ninth CircuitJuly 15, 2005No. 04-35685California363 words

Opinion

Lead Opinion

MEMORANDUM **

Andre C. Robinson, a federal prisoner in Oregon, appeals pro se the district court’s judgment for defendants in his Bivens action alleging prison officials violated his constitutional rights when they refused to transfer him to a prison job that would not exacerbate his carpal tunnel syndrome and *823 when they disciplined him by removing him from his prison job and deducting thirteen days worth of good time credits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Terrell v. Brewer, 935 F.2d 1015 ,1 018 (9th Cir.1991), and we affirm the district court’s judgment.

Robinson claimed that prison officials subjected him to cruel and unusual punishment by not transferring him from his prison job as a sander to a post that would be more appropriate for his medical condition. Because Robinson did not exhaust his administrative remedies with respect to this Eighth Amendment claim, the district court properly dismissed it without prejudice. See Booth v. Churner, 532 U.S. 731, 741 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001); Terrell, 935 F.2d at 1018-19 .

Robinson claimed that the process by which prison officials decided to punish him for not properly…

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