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Albert J. HAMILTON, Plaintiff-Appellant, v. WASCO STATE PRISON; et al., Defendants-Appellees.
MEMORANDUM **
Albert J. Hamilton, a California state prisoner, 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 constitutional violations. 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 Hamilton did not properly exhaust his administrative remedies or raise a genuine dispute of material fact as to 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) (describing the limited circumstances under which administrative remedies are deemed unavailable); 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 property (so that the agency addresses the issues on the merits).” (citation, internal quotation marks, and emphasis omitted) ).
All pending requests are denied.
AFFIRMED.
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Docket No: No. 17-16770
Decided: August 21, 2018
Court: United States Court of Appeals, Ninth Circuit.
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