Encarnacion Aguilar v. Kuloloia, et al, No. 09-16734 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 04 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ENCARNACION AGUILAR, Plaintiff - Appellant, No. 09-16734 D.C. No. 2:06-cv-01002-KJD-PAL v. MEMORANDUM * WILLIAM KULOLOIA; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding Submitted September 22, 2010 ** Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges. The amended complaint was correctly dismissed because Encarnacion Aguilar ( Aguilar ) did not properly exhaust prison grievance procedures as required by the Prison Litigation Reform Act. See Woodford v. Ngo, 548 U.S. 81, * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 93-95 (2006) ( proper exhaustion under section 1997e(a) is mandatory and requires adherence to administrative procedural rules). The district court did not abuse its discretion by denying Aguilar s motions for appointment of counsel because he failed to demonstrate exceptional circumstances warranting appointment of counsel. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). The district court did not abuse its discretion by denying Aguilar s postjudgment motion because he failed to show grounds justifying reconsideration. See School Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993) (setting forth grounds for reconsideration). AFFIRMED. 2 09-16734

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