De’MARIAN A. CLEMONS v. BRIAN WILLIAMS, Sr.;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
De’MARIAN A. CLEMONS,
Plaintiff - Appellant,
v.
BRIAN WILLIAMS, Sr.; et al.,
Defendants - Appellees.
No. 12-16792
D.C. No. 2:11-cv-01518-PMP-
PAL
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Nevada state prisoner De’Marian A. Clemons appeals pro se from the
district court’s judgment dismissing for failure to exhaust administrative remedies
his 42 U.S.C. § 1983 action alleging deliberate indifference to serious medical
FILED
APR 23 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wyatt
v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.
The district court properly dismissed Clemons’s action because Clemons did
not properly exhaust his administrative remedies. See Woodford v. Ngo, 548 U.S.
81, 93-95 (2006) (proper exhaustion is mandatory and requires adherence to
administrative procedural rules).
We do not consider Clemons’s allegations concerning retaliation raised for
the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir.
2009) (per curiam).
AFFIRMED.
12-16792 2

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