Person

MEMORANDUM **

Oregon state prisoner Gerald Oscar Person appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action, with prejudice, for failure to state a claim and for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a determination regarding exhaustion of administrative remedies. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm in part, vacate in part, and remand.

Person has forfeited any challenge to the district court’s ruling that Person failed to state a claim against the private defendants, defendant Keene, and the State Accident Insurance Fund Corporation by failing to raise those issues in his opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

*643 The district court properly dismissed the remaining federal claims because Person did not properly exhaust administrative remedies. 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, Person…