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George HAMILTON, Plaintiff-Appellant, v. AGUIRRE; et. al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2013-04-23No. No. 11-15965
516 F. App'x 676

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Opinion

majority opinion

MEMORANDUM

California state prisoner George Hamilton appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. 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 Hamilton’s action without prejudice because Hamilton did not exhaust prison grievance procedures concerning his claims. See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (exhaustion is mandatory and must be done in a timely manner consistent with prison policies). Hamilton’s contentions regarding equitable estoppel, access to legal materials, defendants’ misconduct, and judicial bias are without merit.

Hamilton’s pending motions are denied.

AFFIRMED.

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