Reynoldsv.Starcevich

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITMar 22, 2013
No. 12-15662 (9th Cir. 2013)
No. 12-15662513 Fed. Appx. 688

No. 12-15662 D.C. No. 2:11-cv-00326-GEB-CMK

03-22-2013

GERALD REYNOLDS, Jr., Plaintiff - Appellant, v. G. STARCEVICH, Dr.; et al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

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


Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, Jr., District Judge, Presiding

Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.

Former California state prisoner Gerald Reynolds, Jr., appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to exhaust administrative remedies. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.

The district court properly dismissed Reynolds's action because Reynolds failed to exhaust his administrative remedies prior to filing suit. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (holding that "proper exhaustion" is mandatory and requires adherence to administrative procedural rules); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002) (per curiam) (requiring exhaustion of administrative remedies prior to filing suit).

To the extent that Reynolds alleges that defendants violated his constitutional rights in the processing of his grievance, he fails to state a claim because Reynolds has no constitutional right to a specific prison grievance procedure. See Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003).

AFFIRMED.