George Hamilton v. AGUIRRE; et. al.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GEORGE HAMILTON,
Plaintiff - Appellant,
v.
AGUIRRE; et. al.,
Defendants - Appellees.
No. 11-15965
D.C. No. 1:04-cv-05129-OWW-
MJS
MEMORANDUM*
Appeal from the United States District Court
for Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
California state prisoner George Hamilton 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
FILED
APR 23 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-15965 2
review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We
affirm.
The district court properly dismissed Hamilton’s action without prejudice
because Hamilton did not exhaust prison grievance procedures concerning his
claims. See Woodford v. Ngo, 548 U.S. 81, 93-95 (2006) (exhaustion is mandatory
and must be done in a timely manner consistent with prison policies).
Hamilton’s contentions regarding equitable estoppel, access to legal
materials, defendants’ misconduct, and judicial bias are without merit.
Hamilton’s pending motions are denied.
AFFIRMED.

-- 2 of 2 --