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DAVIS v. Peter Green; et al., Defendants-Appellees. (2019)

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United States Court of Appeals, Ninth Circuit.

Willie C. DAVIS, Plaintiff-Appellant, v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS, Defendant, Peter Green; et al., Defendants-Appellees.

No. 18-35232

Decided: March 20, 2019

Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges. Willie C. Davis, Pro Se Jennifer Loynd, Assistant Attorney General, AGWA - Office of the Washington Attorney General, Olympia, WA, for Defendants-Appellees


Washington state prisoner Willie C. Davis 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 federal and state law claims. 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 Davis did not exhaust his administrative remedies, and he 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) (proper exhaustion requires “using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits)” (emphasis, citation, and internal quotation marks omitted) ); see also Ross v. Blake, ––– U.S. ––––, 136 S.Ct. 1850, 1858-60, 195 L.Ed.2d 117 (2016) (describing limited circumstances under which administrative remedies are effectively unavailable). We reject as meritless Davis’s contention that the mishandling of his medical records affected his ability to exhaust available administrative remedies.


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