56 F. App'x 407

Daryl LYONS, Plaintiff — Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, Defendant, and McKesson; MARTINEZ; Rasco; Duncan; Nikesson, Defendants — Appellees.

No. 02-15458.

D.C. No. CV-00-05169-AWI.

United States Court of Appeals, Ninth Circuit.

*408Submitted Feb. 10, 2003.*

Decided Feb. 20, 2003.

Before LEAVY, FERNANDEZ and BERZON, Circuit Judges.

MEMORANDUM**

Daryl Lyons, a California state prisoner, appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Barnett v. Centoni 31 F.3d 813, 816 (9th Cir.1994) (per curiam), and we affirm.

The district court properly dismissed Lyons’ action because it was clear from the face of the amended complaint and objections to the magistrate judge’s findings and recommendations, that Lyons failed to exhaust available prison administrative remedies before filing suit in federal court. See 42 U.S.C. § 1997(e)(a); McKinney v. Carey, 311 F.3d 1198, 1199, 1200 (9th Cir. 2002) (per curiam) (requiring prisoners to exhaust prison grievance procedures before, not after, filing suit in federal court).

Lyons’ remaining contentions also lack merit.

AFFIRMED.

Lyons v. California Department of Corrections
56 F. App'x 407

Case Details

Name
Lyons v. California Department of Corrections
Decision Date
Feb 20, 2003
Citations

56 F. App'x 407

Jurisdiction
United States

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