Matthew Louis JOHNSON, Plaintiff-Appellant, v. DARR, Correctional Officer, Captain of the Prison, Defendant-Appellee, 530 F. App'x 661

MEMORANDUM California state prisoner Matthew Louis Johnson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and affirm. The district court properly dismissed Johnson’s action without prejudice because Johnson failed to exhaust the prison grievance procedures concerning his claims. 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). Darr’s request for judicial notice is denied. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.