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46 F. App'x 569

Augustus v. Galvan

U.S. Courts of Appeals

Decided September 20, 2002

U.S. Courts of Appeals · decided 2002-09-20

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on V. C O Churner · Barnett v. Centoni

Decided 2002-09-20

¶1MEMORANDUM …

¶2Anthony Augustus, a California state prisoner, appeals pro se the district court’s summary judgment for prison officials in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291.

¶3We review de novo, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curium), and we affirm.

¶4Because Augustus conceded that he did not pursue his grievance to the final level of the administrative process, the district court properly granted summary judgment *570for failure to exhaust administrative remedies. See Booth v. Chumer, 532 U.S. 731, 739-41, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001).

¶5AFFIRMED.

¶6 This disposition- is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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