Bugoni

Bugoni v. Coffman

Good Law
321 F. App'x 661
United States Court of Appeals for the Ninth CircuitApril 7, 2009No. 07-15991California815 words

Opinion

Lead Opinion

MEMORANDUM **

Piero A. Bugoni, a former detainee at the Madison Street Jail, appeals pro se from the district court’s judgment dismissing some of his claims, without prejudice, for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), and granting summary judgment on the remaining claims in his 42 U.S.C. § 1983 action alleging violations of his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the exhaustion determination, Wyatt v. Ter-hune, 315 F.3d 1108 , 1117 (9th Cir.2003), and the grant of summary judgment, Fontana v. Haskin, 262 F.3d 871, 876 (9th Cir.2001). We affirm in part, vacate in part, and remand.

The district court properly determined that Bugoni failed to exhaust administrative remedies with respect to his claims against defendant Alcala, and with respect to his claim that defendant Martinez used excessive force after Bugoni refused to get on an elevator. See Woodford v. Ngo, 548 U.S. 81, 90-91 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (explaining that “proper exhaustion” requires adherence to administrative procedural rules). Further, Bugoni failed to show he was…

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