HOMER PREYER V. N. SAUKHLA, No. 13-16425 (9th Cir. 2015)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 03 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HOMER LEE PREYER, No. 13-16425 Plaintiff - Appellant, D.C. No. 2:12-cv-01027-JAMCKD v. N. SAUKHLA, M.D. for California Correctional Health Care Services; et al., MEMORANDUM* Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding Submitted July 21, 2015** Before: CANBY, BEA, and MURGUIA, Circuit Judges. Homer Lee Preyer, a California state prisoner, appeals pro se from the district court’s judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical * 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). needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014) (en banc), and we affirm. The district court properly dismissed Preyer’s action for failure to exhaust administrative remedies because Preyer did not raise in his grievance the claims that he now raises against the defendants in this action. 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); Morton v. Hall, 599 F.3d 942, 946 (9th Cir. 2010) (a grievance must “provide notice of the harm being grieved” and “[t]he level of detail in an administrative grievance necessary to properly exhaust a claim is determined by the prison’s applicable grievance procedures” (citation and internal quotation marks omitted)). We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam). Preyer’s request for appointment of counsel, set forth in his reply brief, is denied. AFFIRMED. 2 13-16425

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.