U.S. Court of Appeals for the Ninth Circuit, 2012

Villicana v. Orange County Sheriff's Department

Villicana v. Orange County Sheriff's Department
U.S. Court of Appeals for the Ninth Circuit · Decided March 6, 2012 · Fernandez, McKeown, Bybee
471 F. App'x 604

Villicana v. Orange County Sheriff's Department

Opinion

MEMORANDUM **

Omar Villicana appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging the use of excessive force and the denial of medical care while he was a pretrial detainee at the Orange County Jail. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the 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 the action because Villicana failed to exhaust administrative remedies prior to filing suit. See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules).

Villicana’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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