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Harper v. Nelson

United States Court of Appeals, Ninth Circuit
Nov 22, 2010
404 F. App'x 219 (9th Cir. 2010)


No. 10-15083.

Submitted November 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 22, 2010.

Daniel Harper, Coalinga, CA, pro se.

Bill Brodbeck, Office of the California Attorney General, Sacramento, CA, for Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of California, Morrison C. England, Jr., District Judge, Presiding. D.C. No. 2:07-cv-02131-MCE-EFB.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.


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

California state prisoner Daniel Harper appeals pro se from the district court's judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies under 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.

The district court properly dismissed Harper's action because he did not complete the prison grievance process as to any relevant grievance before filing suit in federal court. See Griffin v. Arpaio, 557 F.3d 1117, 1120 (9th Cir. 2009) (affirming dismissal for failure to exhaust prison remedies where inmate's grievance failed to "alert[] the prison to the nature of the wrong for which redress [was] sought"); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002) (per curiam) (exhaustion under § 1997e(a) must occur prior to commencement of the action). Further, Harper failed to show that additional remedies were unavailable to him.

Harper's remaining contentions are unpersuasive.

Harper's pending motions are denied.


Summaries of

Harper v. Nelson

United States Court of Appeals, Ninth Circuit
Nov 22, 2010
404 F. App'x 219 (9th Cir. 2010)
Case details for

Harper v. Nelson

Case Details

Full title:Daniel HARPER, Plaintiff-Appellant, v. NELSON, Correctional Officer…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 22, 2010


404 F. App'x 219 (9th Cir. 2010)