BRYAN DENNIE V. BRIAN WILLIAMS, No. 12-15764 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 22 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT BRYAN DENNIE, No. 12-15764 Plaintiff - Appellant, D.C. No. 2:11-cv-00828-KJDCWH v. BRIAN E. WILLIAMS; et al., MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding Submitted April 16, 2013 ** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. Nevada state prisoner Bryan Dennie appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants denied him adequate ventilation. 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 a dismissal for failure to exhaust administrative remedies, and for clear error the district court s underlying factual determinations. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm. The district court properly dismissed Dennie s action because Dennie did not exhaust prison grievance procedures concerning his claim and failed to show that exhaustion was effectively unavailable. 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); Nunez v. Duncan, 591 F.3d 1217, 1224 (9th Cir. 2010) (excusing prisoner s failure to exhaust where prisoner is prevented from doing so). AFFIRMED. 2 12-15764
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