Luis M. GARCES, Plaintiff-Appellant, v. DEGADEO; et al., Defendants-Appellees, 475 F. App'x 160

MEMORANDUM California state prisoner Luis M. Garces 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 Garces’s excessive force claim because he failed to exhaust administrative remedies. See Woodford v.

Ngo, 548 U.S. 81, 85, 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). Garces’s remaining contentions are unavailing. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.