McCoy

McCoy v. Cox

Good Law
334 F. App'x 139
United States Court of Appeals for the Ninth CircuitOctober 23, 2009No. 08-16124California318 words

Opinion

Lead Opinion

MEMORANDUM **

Everett L. McCoy, 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 de novo and for clear error its factual determinations, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and we affirm in part, vacate in part, and remand.

The district court properly dismissed the claims against defendants Caden, Grannis, and Lamarque because McCoy’s prison grievances did not provide notice of his complaints against these defendants. See Griffin v. Arpaio, 557 F.3d 1117, 1120 (9th Cir.2009) (affirming dismissal for failure to exhaust prison remedies where inmate’s grievance failed to “alert[ ] the prison to the nature of the wrong for which redress [was] sought.”); see also Booth v. Churner, 532 U.S. 731, 741 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001) (holding that exhaustion is mandatory under § 1997e(a)).

However, we vacate the judgment dismissing the retaliation claim against…

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