Thomas Dale Morgan v. Corrections Corporation of America;

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NOT FOR PUBLICATION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
THOMAS DALE MORGAN,
Plaintiff - Appellant,
v.
CORRECTIONS CORPORATION OF
AMERICA; et al.,
Defendants - Appellees.
No. 11-17419
D.C. No. 2:10-cv-01584-PGR
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Paul G. Rosenblatt, District Judge, Presiding
Submitted August 14, 2013**
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
California state prisoner Thomas Dale Morgan appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that
defendant Turner failed to protect him from an attack by other inmates. We have
FILED
AUG 19 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-17419 2
jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s
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 Morgan’s action without prejudice
because Morgan did not properly 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); Akhtar v. Mesa, 698 F.3d 1202, 1211 (9th Cir. 2012) (a
grievance must give prison officials notice of the nature of the wrong for which
redress is sought). Moreover, Morgan failed to show that administrative remedies
were effectively unavailable to him. Cf. Sapp v. Kimbrell, 623 F.3d 813, 822 (9th
Cir. 2010) (exhaustion is not required where administrative remedies are
“effectively unavailable”).
AFFIRMED.

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