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Jerry Lee COLE, Plaintiff-Appellant, v. C. HARRINGTON, Officer; et al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2009-03-04No. No. 08-16467
316 F. App'x 594

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Opinion

majority opinion

MEMORANDUM

Jerry Lee Cole, a former detainee at Maricopa County Jail, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action, without prejudice, for failure to exhaust administrative remedies as required by 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 the action because Cole did not properly exhaust administrative remedies before filing his complaint in federal court. See Woodford v. Ngo, 548 U.S. 81, 90-91, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (explaining that “proper exhaustion” requires adherence to administrative procedural rules). Further, Cole failed to show that he was prevented from exhausting.

AFFIRMED.

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