Steven Vlasich v. F. Reynoso;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEVEN VLASICH,
Plaintiff - Appellant,
v.
F. REYNOSO; et al.,
Defendants - Appellees.
No. 07-15409
D.C. No. CV-01-05197-AWI/LJO
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Steven Vlasich, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust
administrative remedies pursuant to the Prison Litigation Reform Act, 42 U.S.C.
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

-- 1 of 2 --

07-15409 2
§ 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the
district court’s application of substantive law and for clear error its factual
determinations, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003), and we
affirm.
The district court did not clearly err in finding that Vlasich made only
conclusory statements that defendants failed to respond to his inmate appeals, and
that defendants’ documents established that Vlasich failed to file any grievances
that would trigger the administrative review process. See id. at 1119-20 (“In
deciding a motion to dismiss for failure to exhaust nonjudicial remedies, the court
may look beyond the pleadings and decide disputed issues of fact.”); see also
Woodford v. Ngo, 548 U.S. 81, 93-95 (2006) (holding that “proper exhaustion”
under § 1997e(a) is mandatory and requires adherence to administrative procedural
rules). Vlasich’s contentions regarding inmate appeals submitted after he filed this
action are unpersuasive. See McKinney v. Carey, 311 F.3d 1198, 1200-01 (9th Cir.
2002) (per curiam) (inmates must exhaust administrative procedures before filing
suit in federal court).
We construe the judgment as dismissing without prejudice. See Wyatt, 315
F.3d at 1120.
AFFIRMED.

-- 2 of 2 --