Mark A. STEVENS, Plaintiff-Appellant, v. James BACA; et al., Defendants-Appellees, 469 F. App'x 628

MEMORANDUM Nevada state prisoner Mark A. Stevens appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We 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 the action because Stevens failed to exhaust administrative remedies prior to filing suit.

See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules). The district court did not abuse its discretion by denying Stevens’s motion to amend or alter the judgment because Stevens provided no basis for reconsideration. See Sch. Dist. No. 1J, Multnomah Cnty., Or v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir.1993) (setting forth standard of review and grounds for reconsideration under Federal Rule of Civil Procedure 59(

e) or 60). We do not consider arguments raised for the first time in the reply brief. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.