Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Lendward Alton MIXON, Plaintiff-Appellant, v. H. TYSON, Lieutenant at Kern Valley State Prison; et al., Defendants, Jimenez; Metts, Doctor at Corcoran State Prison, Defendants-Appellees.
MEMORANDUM **
California state prisoner Lendward Alton Mixon appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir. 2014) (en banc). We affirm.
The district court properly dismissed Mixon's action because Mixon failed to exhaust his administrative remedies prior to filing this action even though he was not satisfied with his temporary lower bunk accommodation. See McKinney v. Carey, 311 F.3d 1198, 1199-2000 (9th Cir. 2002) (requiring inmates to exhaust administrative remedies prior to filing suit in federal court).
AFFIRMED.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 19-17607
Decided: March 19, 2021
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)