Walter Lee, Plaintiff-appellant, v. Samuel Lewis; Sally Berg; Thomas T. House, Defendants-appellees, 78 F.3d 593 (9th Cir. 1996)

MEMORANDUM^** 

Walter Lee, an Arizona state prisoner, appeals pro se the dismissal of his 42 U.S.C. § 1983 action for failure to comply with an order to exhaust administrative remedies regarding his claim that the prison's Cimarron Unit staff had denied him his right of access to the courts. Lee contends the dismissal was improper because in his response to the district court's order, he explained that he had attempted to follow the inmate grievance procedures by filing a grievance with staff at the Rincon Unit, where he had been transferred. Lee complained that the Rincon Unit staff twice improperly rejected his grievance for failure to include an explanatory letter or "kite" because he previously had filed a kite at Cimarron Unit. Lee did not, however, state that he had attempted to refile the grievance with a copy of the Cimarron Unit kite or a new kite, nor that he had exhausted the grievance appeal procedure. Accordingly, we find no abuse of discretion. See Fed. R. Civ. P. 41(b); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.), cert. denied, 506 U.S. 915 (1992).

AFFIRMED.