Theodore J. NEWTON, Plaintiff-Appellant, v. S. EATMON, Correctional Officer, Defendant-Appellee, T. Villanueva, SSA, Appeals Coordinator, Defendant.
Decided: December 10, 2020
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Theodore J. Newton, Pro Se Christopher Findley, AGCA - Office of the Attorney General, San Diego, CA, for Defendant-Appellee
California state prisoner Theodore J. Newton appeals pro se from the district court's summary judgment for failure to exhaust his 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. Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir. 2014) (en banc). We affirm.
The district court properly granted summary judgment because Newton failed to exhaust his administrative remedies and failed to raise a genuine dispute of material fact as to whether administrative remedies were effectively unavailable to him. See 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 and internal quotation marks omitted)); McKinney v. Carey, 311 F.3d 1198, 1199-1200 (9th Cir. 2002) (requiring inmates to exhaust administrative remedies prior to filing suit in federal court).
We treat the judgment as a dismissal without prejudice to Newton refiling the action. See McKinney, 311 F.3d at 1200-01.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.