Davies

Davies v. Hughes

Good Law
333 F. App'x 328
United States Court of Appeals for the Ninth CircuitOctober 9, 2009No. 08-17466California257 words

Opinion

Lead Opinion

MEMORANDUM **

Avon Davies, 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 pursuant to the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s application of substantive law de novo and its factual determinations for clear error, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and we affirm.

The district court properly dismissed the action because Davies’s procedurally defective grievance did not constitute proper exhaustion. See Woodford v. Ngo, 548 U.S. 81, 83-84 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (explaining that the PLRA’s “proper exhaustion” requirement cannot be satisfied “by filing ... [a] procedurally defective administrative grievance or appeal.”). Further, Davies’s conclusory pleadings and submissions opposing the motion to dismiss were insufficient to show that prison officials frustrated his ability to grieve.

Davies’s contention that his claims should be exempt from the PLRA’s exhaustion requirement are unavailing. See Porter v. Nussle, 534 U.S. 516,…

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