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53 F. App'x 433

Walker v. Thompson

U.S. Courts of Appeals

Decided December 10, 2002

U.S. Courts of Appeals · decided 2002-12-10

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 · Ronald Zimmerman

Decided 2002-12-10

¶1MEMORANDUM

¶2David Earl Walker, a California state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging excessive force, due process violations, and assault and battery. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001), and we affirm.

¶3The district court properly determined that Walker failed to state a claim because he failed to exhaust his administrative remedies prior to filing suit. See Booth v. Churner, 532 U.S. 731, 734, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001).

¶4AFFIRMED.

¶5 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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