Young

Young v. Transportation Deputy Sheriff I

Good Law
340 F. App'x 368
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 08-15584California301 words

Opinion

Lead Opinion

MEMORANDUM **

Christopher Henry Young, a former inmate in both San Joaquin County jail and California Department of Corrections and Rehabilitation (“CDCR”) facilities, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action, without prejudice, for failure to exhaust administrative remedies as required by 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 dismissal for failure to exhaust. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm in part, vacate in part, and remand.

The district court properly dismissed the action against Woodford because Young did not exhaust CDCR administrative remedies before filing his complaint in federal court. See Woodford v. Ngo, 548 U.S. 81, 90-91 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (explaining that “proper exhaustion” requires adherence to administrative procedural rules). Further, Young failed to show that he was prevented from exhausting CDCR’s remedies.

However, we vacate the judgment and remand for the district court to resolve the action with respect to the unserved County Doe defendants. On remand,…

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