JOHN ODOMS V. HOWARD SKOLNIK, No. 11-16604 (9th Cir. 2012)

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FILED JUL 12 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOHN B. ODOMS, No. 11-16604 Plaintiff - Appellant, D.C. No. 3:09-cv-00223-RCJ-VPC v. MEMORANDUM * HOWARD SKOLNIK; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Nevada Robert C. Jones, Chief Judge, Presiding Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Nevada state prisoner John B. Odoms appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. 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 the district court s dismissal for failure to exhaust, 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 Odoms s action because he failed to exhaust administrative remedies. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (holding that proper exhaustion is mandatory and requires adherence to administrative procedural rules). Odoms s remaining contentions, including his challenge to the validity of Nevada Department of Corrections Administrative Regulation 740, are unpersuasive. AFFIRMED. 2 11-16604

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