Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Raymond Dean MYERS, Plaintiff-Appellant, v. R. ARIAS, Captain of D-Yard, Defendant-Appellee, Daniel Paramo, Warden; et al., Defendants.
MEMORANDUM **
California state prisoner Raymond Dean Myers appeals pro se from the district court's summary judgment and dismissal order in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs and other claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014) (en banc) (summary judgment for failure to exhaust); Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A). We affirm.
The district court properly granted summary judgment for defendant Arias because Myers did not 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 Ross v. Blake, ––– U.S. ––––, 136 S. Ct. 1850, 1858-60, 195 L.Ed.2d 117 (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); Albino, 747 F.3d at 1172-73 (explaining burden shifting analysis in evaluating exhaustion at summary judgment); Brown v. Valoff, 422 F.3d 926, 934-35 (9th Cir. 2005) (confirming the requirement under the Prison Litigation Reform Act that a prisoner must exhaust administrative remedies as long as some relief is available, even if the desired relief is not available).
The district court properly dismissed Myers's claims against defendants Paramo and Miller because Myers failed to allege facts sufficient to show that these defendants were directly involved in the challenged housing assignments or dietary decisions. See Maxwell v. County of San Diego, 708 F.3d 1075, 1097 (9th Cir. 2013) (“There is no respondeat superior liability under § 1983. Rather, a government official may be held liable only for the official's own conduct.”).
The district court did not abuse its discretion in severing Myers's deliberate indifference claim against defendant Basto and dismissing the claim without prejudice because Myers failed to demonstrate that this claim arose “out of the same transaction, occurrence, or series of transactions or occurrences,” and involved a “question of law or fact common to all defendants.” Fed. R. Civ. P. 20(a)(2); Coughlin v. Rogers, 130 F.3d 1348, 1351 (9th Cir. 1997) (setting forth standard of review and explaining the requirements for permissive joinder).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments or allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). We do not consider issues that are not supported by argument. See Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1992).
We reject as unsupported by the record Myers's contentions that he was denied due process, and that the district court erred by issuing the severance order while an extension of time to respond to the motion was pending and by denying Myers's request for sanctions.
All pending requests, set forth in the opening and reply briefs, are denied.
AFFIRMED.
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.
Docket No: No. 19-56366
Decided: April 28, 2021
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)