GEORGE HAMILTON V. AGUIRRE, No. 11-15965 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 23 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT GEORGE HAMILTON, No. 11-15965 Plaintiff - Appellant, D.C. No. 1:04-cv-05129-OWWMJS v. MEMORANDUM * AGUIRRE; et. al., Defendants - Appellees. Appeal from the United States District Court for Eastern District of California Oliver W. Wanger, District Judge, Presiding Submitted April 16, 2013 ** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. California state prisoner George Hamilton appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction under 28 U.S.C. § 1291. We * 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). review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm. The district court properly dismissed Hamilton s action without prejudice because Hamilton did not exhaust prison grievance procedures concerning his claims. See Woodford v. Ngo, 548 U.S. 81, 93-95 (2006) (exhaustion is mandatory and must be done in a timely manner consistent with prison policies). Hamilton s contentions regarding equitable estoppel, access to legal materials, defendants misconduct, and judicial bias are without merit. Hamilton s pending motions are denied. AFFIRMED. 2 11-15965

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