David B. Johnson v. R. J. SUBIA, Acting Warden, Mule Creek State Prison;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID B. JOHNSON,
Plaintiff - Appellant,
v.
R. J. SUBIA, Acting Warden, Mule Creek
State Prison; et al.,
Defendants - Appellees.
No. 11-15020
D.C. No. 2:07-cv-02002-PMP-
GWF
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Philip M. Pro, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
California state prisoner David B. Johnson appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison
officials retaliated against him for filing prison grievances. We review de novo the
FILED
MAR 3 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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district court’s dismissal for failure to exhaust administrative remedies under the
Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), and for clear error its factual
determinations. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We
affirm.
The district court properly dismissed Johnson’s retaliation claims concerning
an alleged false disciplinary charge and the destruction of his inmate grievance
because Johnson failed to exhaust his administrative remedies. 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).
Johnson’s contentions concerning the district court’s alleged denial of his
due process and equal protection rights are unpersuasive.
Johnson’s request to stop deducting funds from his prison account for the
filing fees in this and other unrelated actions, set forth in his letter submitted on
July 13, 2012, is denied.
AFFIRMED.
11-15020 2

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