670 Fed.Appx. 962 (9th Cir. 2016), 15-17406, Vaughn v. Hood

Docket Nº:15-17406
Citation:670 Fed.Appx. 962
Party Name:RAY LEE VAUGHN, Plaintiff-Appellant, v. HOOD, Correctional Officer, High Desert State Prison; ROLLANDS, Correctional Officer, High Desert State Prison, Defendants-Appellees
Attorney:RAY LEE VAUGHN, Plaintiff - Appellant, Pro se, Delano, CA. For HOOD, Correctional Officer, High Desert State Prison, ROLLANDS, Correctional Officer, High Desert State Prison, Defendant - Appellee: Martha P. Ehlenbach, Esquire, Deputy Attorney General, AGCA-Office of the California Attorney Genera...
Judge Panel:Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.
Case Date:November 22, 2016
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 962

670 Fed.Appx. 962 (9th Cir. 2016)

RAY LEE VAUGHN, Plaintiff-Appellant,

v.

HOOD, Correctional Officer, High Desert State Prison; ROLLANDS, Correctional Officer, High Desert State Prison, Defendants-Appellees

No. 15-17406

United States Court of Appeals, Ninth Circuit

November 22, 2016

Submitted November 16, 2016 [**]

Editorial Note:

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Eastern District of California. D.C. No. 2:14-cv-02235-MCE-KJN. Morrison C. England, Jr., District Judge, Presiding.

RAY LEE VAUGHN, Plaintiff - Appellant, Pro se, Delano, CA.

For HOOD, Correctional Officer, High Desert State Prison, ROLLANDS, Correctional Officer, High Desert State Prison, Defendant - Appellee: Martha P. Ehlenbach, Esquire, Deputy Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA.

Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.

Page 963

MEMORANDUM [*]

California state prisoner Ray Lee Vaughn appeals pro se from the district court's judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action arising from defendants' alleged failure to protect him from an assault. 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) (legal rulings on exhaustion); Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005) (Fed. R. Civ. P. 12(b)(6) motion to dismiss). We affirm.

The district court properly dismissed Vaughn's action for failure to state a claim because it is clear from the face of the complaint and its attachments that Vaughn failed to exhaust his available administrative remedies by failing to appeal separately the third-level cancellation decision. See Woodford v. Ngo, 548 U.S. 81, 90, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (" [P]roper exhaustion of administrative remedies . . . means using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits)." (emphasis, citation, and internal quotation marks omitted)); Albino, 747 F.3d at 1169 ("...

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