Cornellier

Cornellier v. Walker

Good Law
334 F. App'x 75
United States Court of Appeals for the Ninth CircuitMay 26, 2009No. 05-17166California321 words

Opinion

Lead Opinion

MEMORANDUM **

Allace Leeroy Cornellier, an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing without prejudice his access to courts claims for failure to exhaust administrative remedies pursuant to the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), and dis *76 missing other causes of action for failure to state a claim pursuant to 28 U.S.C. § 1915A. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and its application of substantive law, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and review for clear error its factual determinations, id. We affirm in part and dismiss in part.

The district court properly dismissed Cornellier’s access to courts claims because he did not complete the prison grievance process prior to filing suit, and failed to demonstrate that he was obstructed from doing so. See Woodford v. Ngo, 548 U.S. 81, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” under § 1997e(a) is mandatory and requires adherence to administrative procedural rules); see also McKinney v. Carey,…

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