Quiroz

MEMORANDUM **

Mark R. Quiroz, 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, 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 Quiroz’s medical indifference claim because his failure to submit a Director’s level grievance within the 15-working-day deadline did not constitute proper exhaustion. See Woodford v. Ngo, 548 U.S. 81, 83-84, 95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” under § 1997 is mandatory and cannot be satisfied “by filing an untimely or otherwise proeedurally defective administrative grievance or appeal”); Booth v. Churner, 532 U.S. 731, 734 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001) (holding that a prisoner must pursue a remedy through the grievance process as long as some action can be ordered in response to the complaint); see…