Davis

Davis v. California Department of Corrections

Good Law
313 F. App'x 954
United States Court of Appeals for the Ninth CircuitFebruary 26, 2009No. 06-16991California215 words

Opinion

Lead Opinion

MEMORANDUM **

*955 Francis W. Davis, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and we affirm.

The district court properly dismissed the action because Davis did not properly exhaust prison grievance procedures prior to filing suit in federal court. See Woodford v. Ngo, 548 U.S. 81, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” requires adherence to administrative procedural rules).

We will not consider Davis’s contention that a prison official allegedly informed him that he could not forward his appeal to the next level once it had been cancelled because the contention is raised for the first time on appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (explaining that, as a general rule, the court will not consider arguments that are raised for the first time on appeal).

Davis’s remaining contentions are…

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