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Davis v. Pineda

Citation: 347 F. App'x 343Docket: No. 08-17220

Court: Court of Appeals for the Ninth Circuit; October 5, 2009; Federal Appellate Court

Narrative Opinion Summary

In this case, a California state prisoner challenged the district court's dismissal of his lawsuit brought under 42 U.S.C. § 1983, citing his failure to exhaust administrative remedies required by 42 U.S.C. § 1997e(a). The prisoner also appealed the denial of his motion for reconsideration. Exercising jurisdiction under 28 U.S.C. § 1291, the appellate court reviewed the dismissal de novo and the denial of reconsideration for abuse of discretion. The court upheld the district court's dismissal, as the prisoner admitted to not exhausting the prison grievance procedures, aligning with established legal precedent mandating such exhaustion irrespective of the relief sought. The denial of the motion for reconsideration was found to be proper as it lacked a valid basis for relief. Consequently, the plaintiff's request for injunctive relief was declared moot, given the absence of any potential relief for his claims. The appellate court affirmed the lower court's decisions, and noted that the disposition was not meant for publication nor does it serve as precedent, adhering to 9th Cir. R. 36-3.

Legal Issues Addressed

Exhaustion of Administrative Remedies under 42 U.S.C. § 1997e(a)

Application: The court dismissed the plaintiff's action due to his admitted failure to exhaust available prison grievance procedures before initiating the lawsuit.

Reasoning: Davis conceded his failure to exhaust prison grievance procedures before filing his lawsuit, which is sufficient grounds for dismissal, as established in precedent cases.

Mootness of Injunctive Relief

Application: The request for injunctive relief was rendered moot due to the lack of possibility of obtaining relief for the claim.

Reasoning: Davis's request for injunctive relief was deemed moot, as there was no possibility of obtaining relief for his claim.

Non-Precedential Disposition

Application: The court's decision is not published and is not considered precedent except as specified by local circuit rules.

Reasoning: The appellate court affirmed the district court's ruling, stating that this disposition is not suitable for publication and is not precedent except as specified by 9th Cir. R. 36-3.

Review of Dismissal and Reconsideration Denial

Application: The appellate court reviewed the dismissal de novo and the denial of the motion for reconsideration for abuse of discretion, ultimately affirming the district court's decisions.

Reasoning: The appellate court has jurisdiction under 28 U.S.C. § 1291 and reviews the dismissal de novo and the reconsideration denial for abuse of discretion.