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

Andy Bodie v. Unknown Tipten

Andy Bodie v. Unknown Tipten
U.S. Court of Appeals for the Ninth Circuit · Decided November 20, 2012 · Canby, Trott, Fletcher
498 F. App'x 723

Andy Bodie v. Unknown Tipten

Opinion

MEMORANDUM **

Andy Charles Bodie, an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations of his right to free religious exercise for failure to exhaust his 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, Griffin v. Arpaio, 557 F.3d 1117, 1119 (9th Cir. 2009), and we affirm.

The district court properly dismissed the action without prejudice because Bodie did not properly exhaust his administrative remedies, and he failed to provide sufficient evidence to show that administrative remedies were effectively unavailable to him. See Woodford v. Ngo, 548 U.S. 81, 85, 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); Sapp v. Kimbrell, 623 F.3d 813, 822 (9th Cir. 2010) (exhaustion is not required where administrative remedies are “effectively unavailable”).

We do not consider matters not specifically and distinctly raised and argued in *724 the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir. 2009) (per curiam).

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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