Filed: Jan. 14, 2020
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CIRON BENTAY SPRINGFIELD, No. 18-56584 Plaintiff-Appellant, D.C. No. 2:15-cv-08079-DDP-AGR v. MEMORANDUM* G. MARSHALL, Lieutenant; Senior Hearing Officer, individual, Defendant-Appellee. Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding Submitted January 8, 2020** Before: CALLAHAN, NGU
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CIRON BENTAY SPRINGFIELD, No. 18-56584 Plaintiff-Appellant, D.C. No. 2:15-cv-08079-DDP-AGR v. MEMORANDUM* G. MARSHALL, Lieutenant; Senior Hearing Officer, individual, Defendant-Appellee. Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding Submitted January 8, 2020** Before: CALLAHAN, NGUY..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 14 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CIRON BENTAY SPRINGFIELD, No. 18-56584
Plaintiff-Appellant, D.C. No. 2:15-cv-08079-DDP-AGR
v.
MEMORANDUM*
G. MARSHALL, Lieutenant; Senior
Hearing Officer, individual,
Defendant-Appellee.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted January 8, 2020**
Before: CALLAHAN, NGUYEN, and HURWITZ, Circuit Judges.
California state prisoner Ciron Bentay Springfield 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 a retaliation claim. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo, Williams v. Paramo,
775 F.3d 1182,
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
1191 (9th Cir. 2015), and we affirm.
The district court properly granted summary judgment on Springfield’s
retaliation claim because Springfield failed to exhaust administrative remedies, and
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,
1856, 1858-60 (2016) (explaining that an inmate must exhaust “such
administrative remedies as are available” before bringing suit; and describing
limited circumstances in which administrative remedies are unavailable (citation
and internal quotation marks omitted)); 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)).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright,
587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 18-56584