finding that a grievance challenging RVR findings 24 related to an assault was not sufficient to exhaust a failure to protect claim related to that 25 assault
How later courts described this case
- finding that a grievance challenging RVR findings 24 related to an assault was not sufficient to exhaust a failure to protect claim related to that 25 assault
Written by the judges who cited it.
The opinion
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT AUG 20 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
AMAZING STEWART, No. 13-15178
Plaintiff - Appellant, D.C. No. 1:10-cv-01093-LJO-JLT
v.
MEMORANDUM*
L. BROWN; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted August 13, 2014**
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
California state prisoner Amazing Stewart appeals pro se from the district
court’s judgment dismissing for failure to exhaust administrative remedies his 42
U.S.C. § 1983 action alleging a failure-to-protect claim. We have jurisdiction
*
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).
under 28 U.S.C. § 1291. We review de novo, Sapp v. Kimbrell, 623 F.3d 813, 821
(9th Cir. 2010), and we affirm.
The district court properly concluded that Stewart failed to exhaust his
administrative remedies because Stewart did not notify prison officials as to the
nature of the wrong underlying his failure-to-protect claim in a timely manner. See
id. at 818, 821-24 (describing standard for proper exhaustion and explaining that
an inmate’s grievance must comply with time limits and provide enough
information to alert prison officials to the nature of the wrong for which redress is
sought); Griffin v. Arpaio, 557 F.3d 1117, 1120-21 (9th Cir. 2009) (grievance must
give sufficient notice of claim).
AFFIRMED.
2 13-15178