Opinion
21-15817
06-28-2022
KARIMI KWAA SUTTON, Plaintiff-Appellant, v. N. GUZMAN, Correctional Officer; G. GIESSNER, Correctional Officer, Defendants-Appellees.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court No. 2:16-cv-02369-KJM-EFB for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding
Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.
MEMORANDUM
California state prisoner Karimi Kwaa Sutton 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 Eighth Amendment claims. 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 granted summary judgment because Sutton was required to exhaust administrative remedies before filing his claims, failed to do so, and failed to raise a genuine dispute of material fact as to whether administrative remedies were effectively unavailable to him. See Ross v. Blake, 578 U.S. 632, 644-45 (2016) (describing limited circumstances in which administrative remedies are effectively unavailable); see also Woodford v. Ngo, 548 U.S. 81, 90 (2006) ("[P]roper exhaustion of administrative remedies . . . 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.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).