Opinion
No. 18-15550
01-22-2019
LAMONT PUCKETT, Plaintiff-Appellant, v. JAMIE CORTES; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 4:16-cv-05878-YGR MEMORANDUM Appeal from the United States District Court for the Northern District of California
Yvonne Gonzalez Rogers, District Judge, Presiding Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
California state prisoner Lamont Puckett appeals pro se from the district court's summary judgment for failure to exhaust administrative remedies in his 42 U.S.C. § 1983 action alleging retaliation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Williams v. Paramo, 775 F.3d 1182, 1191 (9th Cir. 2015). We affirm.
The district court properly granted summary judgment because Puckett did not exhaust his administrative remedies, and he failed to raise a genuine dispute of material fact as to whether administrative remedies were effectively unavailable to him. See Ross v. Blake, 136 S. Ct. 1850, 1858-60 (2016) (setting forth circumstances when administrative remedies are unavailable); Woodford v. Ngo, 548 U.S. 81, 90 (2006) (a prisoner must exhaust administrative remedies, "which means using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits)" (citation and internal quotation marks omitted)).
AFFIRMED.