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471 F. App'x 588

Dwayne Lucas v. A. Scribner

U.S. Courts of Appeals

Decided March 6, 2012

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U.S. Courts of Appeals · decided 2012-03-06

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Relies on Woodford v. Ngo · Wyatt v. Terhune · Sapp v. Kimbrell

Decided 2012-03-06

¶1 MEMORANDUM …

¶2 California state prisoner Dwayne Lucas appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action 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. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.

¶3 The district court properly dismissed Lucas’s action because Lucas did not properly exhaust administrative remedies before filing his complaint, and failed to show that administrative remedies were effectively unavailable to him. See Woodford v. Ngo, 548 U.S. 81, 90, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (explaining that “proper exhaustion” requires adherence to administrative procedural rules); see also Sapp v. Kimbrell, 623 F.3d 813, 823 (9th Cir.2010) (exhaustion is not required where administrative remedies are “effectively unavailable” because of improper screening of grievances).

¶4 Lucas’s remaining contentions are unpersuasive.

¶5 AFFIRMED.

…

¶6 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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