Hallford
Hallford v. California Department of Corrections
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Gary William Hallford appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action, without prejudice, for a failure to exhaust administrative remedies as required by the Prison Litigation and Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291 . We review the factual findings regarding exhaustion for clear error and the application of law de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm in part, vacate in part, and remand.
The district court correctly determined that Hallford’s procedurally defective and post-suit grievances did not satisfy the exhaustion requirement. See Woodford v. Ngo, 548 U.S. 81, 90-91 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (explaining that *177 “proper exhaustion” requires adherence to administrative procedural rules); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir.2002) (holding that exhaustion under 42 U.S.C. § 1997e(a) must occur prior to the commencement of the action).
The district court recognized that Hall-ford terminated his administrative appeal at the first formal level of appeal after his request for a vegetarian meal card…