Garcia

MEMORANDUM **

Ricky Garcia, a New Mexico state prisoner housed in the California prison system under the Western Interstate Corrections Compact (WICC), appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging Fourth, Eighth, and Fourteenth Amendment violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both the district court’s exhaustion determination, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and its summary judgment ruling, Carver v. Lehman, 558 F.3d 869, 872 (9th Cir.2009). We affirm.

The district court properly dismissed Garcia’s deliberate indifference claim because he did not properly exhaust administrative remedies before filing this action. See McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir.2002) (holding that the Prison Litigation Reform Act “requires exhaustion before the filing of a complaint and that a prisoner does not comply with this requirement by exhausting available remedies during the course of the litigation”).

*691 The district court properly granted summary judgment on Garcia’s claim that the WICC creates a Fourteenth Amendment liberty interest, because the application of California law…