Craig Kaiser Garrett v. PAULETTE FINANDER, Prison Doctor, official and individual capacity

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CRAIG KAISER GARRETT,
Plaintiff-Appellant,
v.
PAULETTE FINANDER, Prison Doctor,
official and individual capacity,
Defendant-Appellee.
No. 20-55209
D.C. No. 2:18-cv-10754-AB-KES
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Andre Birotte, Jr., District Judge, Presiding
Submitted January 20, 2021**
Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.
California state prisoner Craig Kaiser Garrett appeals pro se from the district
court’s judgment dismissing for failure to exhaust administrative remedies his 42
U.S.C. § 1983 action alleging deliberate indifference to serious medical needs. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo. Albino v. Baca,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 29 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-55209
747 F.3d 1162, 1171 (9th Cir. 2014) (legal rulings on exhaustion); Wilhelm v.
Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012) (dismissal for failure to state a
claim). We affirm.
The district court properly dismissed Garrett’s action because Garrett failed
to exhaust his available administrative remedies in a timely manner as required by
the Prison Litigation Reform Act (“PLRA”). See Ross v. Blake, 136 S. Ct. 1850,
1856 (2016) (proper administrative exhaustion under the PLRA is mandatory);
Woodford v. Ngo, 548 U.S. 81, 88-91 (2006) (prisoner must complete the
administrative review process in accordance with the applicable procedural rules,
including deadlines, as a precondition to suit); see also Albino, 747 F.3d at 1169
(where a failure to exhaust is clear from the face of the complaint, a district court
may dismiss for failure to state a claim).
All pending requests are denied as moot.
AFFIRMED.

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