Davis v. California Department of Corrections
Davis v. California Department of Corrections
Opinion of the Court
MEMORANDUM
The district court properly dismissed the action because Davis did not properly exhaust prison grievance procedures prior to filing suit in federal court. See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” requires adherence to administrative procedural rules).
We will not consider Davis’s contention that a prison official allegedly informed him that he could not forward his appeal to the next level once it had been cancelled because the contention is raised for the first time on appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (explaining that, as a general rule, the court will not consider arguments that are raised for the first time on appeal).
Davis’s remaining contentions are unpersuasive.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.