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703 F. App'x 467

Daniel Wright v. D. Fields

U.S. Courts of Appeals

Decided November 20, 2017

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U.S. Courts of Appeals · decided 2017-11-20

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Woodford v. Ngo · Ross v. Blake · Williams v. Paramo

Decided 2017-11-20

¶1 MEMORANDUM

¶2 California state prisoner Daniel Webster Wright 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 excessive force. 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.

¶3 The district court properly granted summary judgment because Wright failed to raise a genuine dispute of material fact as to whether he properly exhausted administrative remedies or whether administrative remedies were effectively unavailable to him. See Ross v. Blake, — U.S. —, 136 S.Ct. 1850, 1858-60, 195 L.Ed.2d 117 (2016) (setting forth circumstances when administrative remedies are unavailable, including when “prison administrators thwart inmates from taking advantage of a grievance process through machination, misrepresentation, or intimidation”); Woodford v. Ngo, 548 U.S. 81, 90, 126 S.Ct. 2378, 165 L.Ed.2d 368 (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, internal quotation marks, and emphasis omitted)).

¶4 AFFIRMED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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