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DeMarian A. CLEMONS, Plaintiff-Appellant, v. Brian WILLIAMS, Sr.; et al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2013-04-23No. No. 12-16792
517 F. App'x 562

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Opinion

majority opinion

MEMORANDUM

Nevada state prisoner De’Marian A. Clemons appeals pro se from the district court’s judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1988 action alleging deliberate indifference to serious medical needs. 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 Clemons’s action because Clemons did not properly exhaust his administrative remedies. See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (proper exhaustion is mandatory and requires adherence to administrative procedural rules).

We do not consider Clemons’s allegations concerning retaliation raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir.2009) (per curiam).

AFFIRMED.

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