U.S. Court of Appeals for the Ninth Circuit, 2010

Jeff Aidnik v. Bill Russell

Jeff Aidnik v. Bill Russell
U.S. Court of Appeals for the Ninth Circuit · Decided July 22, 2010 · Alarcón, Leavy, Graber
389 F. App'x 623

Jeff Aidnik v. Bill Russell

Opinion

MEMORANDUM **

Jeff Aidnik, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003), and we affirm.

*624 The district court properly dismissed the action because Aidnik conceded that he failed to exhaust prison grievance procedures prior to filing suit. See Wyatt, 315 F.3d at 1120 (“A prisoner’s concession to nonexhaustion is a valid ground for dismissal ____”); see also Booth v. Churner, 532 U.S. 731, 741, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001) (requiring exhaustion of administrative remedies regardless of the type of relief sought); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002) (per curiam) (requiring exhaustion of administrative remedies prior to filing suit).

Aidnik’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.

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