Perez

Perez v. Lopez

Good Law
333 F. App'x 341
United States Court of Appeals for the Ninth CircuitOctober 23, 2009No. 08-55642California230 words

Opinion

Lead Opinion

MEMORANDUM **

Rafael Perez, 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 de novo the district court’s application of substantive law and for clear error its factual determinations, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and we affirm.

The district court properly dismissed the action because Perez did not complete *342 the prison grievance process in accordance with the administrative procedural rules, and failed to demonstrate that he was obstructed from doing so. See Jones v. Bock, 549 U.S. 199, 218 , 127 S.Ct. 910 , 166 L.Ed.2d 798 (2007) (“[T]o properly exhaust administrative remedies prisoners must complete the administrative review process in accordance with the applicable procedural rules — rules that are defined ... by the prison grievance process itself.”) (internal citations and quotation marks omitted); Woodford v. Ngo, 548 U.S. 81, 83-84, 95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper…

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