Uplinger

Uplinger v. Barron

Good Law
155 F. App'x 975
United States Court of Appeals for the Ninth CircuitDecember 1, 2005No. 02-56761California265 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Russell Uplinger, a former federal prisoner, appeals the district court’s judgment dismissing this action because he failed to exhaust his administrative remedies within the Bureau of Prisons. This court reviews de novo a district court’s determination that a prisoner failed to exhaust administrative remedies. See Wyatt *976 v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.

Prisoners are required to exhaust “such administrative remedies as are available” before suing over prison conditions under federal law. 42 U.S.C. § 1997e(a). Further, prisoners are required to exhaust their administrative remedies, even when the administrative process “has authority to take some action in response to a complaint, but not the remedial action an inmate demands, to the exclusion of all other forms of redress.” Booth v. Churner, 532 U.S. 731, 736 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001). In this case, Uplinger did not exhaust his administrative remedies. Although the complaint contained claims as to which the Bureau could not have provided relief, it also alleged that the Bureau improperly enacted policies to implement the DNA Act and unreasonably authorized…

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