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Vaught v. Corcoran State Prison
Citation: 56 F. App'x 360Docket: No. 02-15116; D.C. No. CV-99-06676-AWI
Court: Court of Appeals for the Ninth Circuit; February 13, 2003; Federal Appellate Court
Elbert Vaught, a California state prisoner, appeals pro se the district court's judgment on the pleadings favoring the defendants in his 42 U.S.C. § 1983 action, alleging violations of the Fifth, Eighth, and Fourteenth Amendments. The jurisdiction for this appeal is established under 28 U.S.C. § 1291, with a de novo review standard for judgments on the pleadings. The appellate court affirms the district court's decision, determining that Vaught did not exhaust his administrative remedies as required, referencing Booth v. Chumer. Vaught's argument against the retroactive application of the Supreme Court's Booth ruling is deemed without merit, supported by Harper v. Virginia Department of Taxation, which mandates that federal law rules must be applied retroactively once announced. The court concludes that Vaught's remaining arguments also lack merit and affirms the lower court's judgment. The disposition of this case is not intended for publication and cannot be cited in future cases except as permitted by Ninth Circuit Rule 36-3.