Tony French v. SNAKE RIVER CORRECTIONAL INSTITUTION; T. PAYNE, Officer

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NOT FOR PUBLICATION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
TONY FRENCH,
Plaintiff - Appellant,
v.
SNAKE RIVER CORRECTIONAL
INSTITUTION; T. PAYNE, Officer,
Defendants - Appellees.
No. 12-36038
D.C. No. 2:11-cv-01108-JO
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Robert E. Jones, District Judge, Presiding
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Oregon state prisoner Tony French appeals pro se from the district court’s
judgment in his 42 U.S.C. § 1983 action alleging violations of his First and Eighth
Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review de
FILED
OCT 10 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-36038 2
novo a dismissal for failure to exhaust administrative remedies and for clear error
any underlying factual findings. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.
2003). We affirm.
The district court properly dismissed French’s action without prejudice
because French did not properly exhaust his administrative remedies before filing
suit. See Woodford v. Ngo, 548 U.S. 81, 93-95 (2006) (holding that “proper
exhaustion” is mandatory and requires adherence to administrative procedural
rules). French’s argument on appeal that his grievances and related papers were
“mysteriously” lost is unpersuasive.
AFFIRMED.

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