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Hayes v. W. Rosser

United States Court of Appeals, Ninth Circuit
Nov 16, 2010
403 F. App'x 252 (9th Cir. 2010)

Opinion

No. 09-56495.

Submitted September 22, 2010.

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

Filed November 16, 2010.

Albert Hayes, Corcoran, CA, pro se.

Suzanne Antley, Deputy Attorney General, Office of the California Attorney General, San Diego, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Central District of California, Cormac J. Carney, District Judge, Presiding. D.C. No. 2:08-cv-02755-CJCFFM.

Before: WALLACE, HAWKINS and THOMAS, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

The district court did not clearly err by concluding that Albert Hayes ("Hayes") still had administrative remedies available to him once he received a copy of the first-level response to his grievance. See Cal. Code Regs. tit. 15 § 3085(b). Accordingly, dismissal of his action for failure to exhaust administrative remedies was proper. See Woodford v. Ngo, 548 U.S. 81, 90, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) ("proper exhaustion" under 42 U.S.C. § 1997e(a) is mandatory and requires adherence to administrative procedural rules); see also Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir. 2003) (the proper remedy for non-exhaustion is dismissal without prejudice).

The district court did not abuse its discretion by denying Hayes's post-judgment motion to correct the docket. See Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and requirements for reconsideration under Federal Rule of Civil Procedure 60(b)).

AFFIRMED.


Summaries of

Hayes v. W. Rosser

United States Court of Appeals, Ninth Circuit
Nov 16, 2010
403 F. App'x 252 (9th Cir. 2010)
Case details for

Hayes v. W. Rosser

Case Details

Full title:Albert HAYES, Plaintiff-Appellant v. W. ROSSER, Individual, employed as a…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 16, 2010

Citations

403 F. App'x 252 (9th Cir. 2010)