Donimic Brooks v. Todd Thomas , 586 F. App'x 353 ( 2014 )


Menu:
  •                             NOT FOR PUBLICATION
    UNITED STATES COURT OF APPEALS                        FILED
    FOR THE NINTH CIRCUIT                          DEC 3 2014
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    DONIMIC T. BROOKS,                               No. 13-17485
    Plaintiff - Appellant,            D.C. No. 2:13-cv-00485-RCB
    v.
    MEMORANDUM*
    TODD THOMAS, Warden - Saguaro
    Correctional Center; BENJAMIN
    GRIEGO, Assistant Warden - Saguaro
    Correction Center, named as Ben Griego,
    Defendants - Appellees.
    Appeal from the United States District Court
    for the District of Arizona
    Robert C. Broomfield, District Judge, Presiding
    Submitted November 18, 2014**
    Before:        LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
    Donimic T. Brooks, a Hawaii state prisoner, appeals pro se from the district
    court’s judgment dismissing for failure to exhaust administrative remedies his 42
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    U.S.C. § 1983 action alleging that defendants retaliated against him while he was
    housed in Arizona. 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). We affirm.
    The district court properly concluded that Brooks failed to exhaust his
    administrative remedies as to the alleged retaliatory removal from the religious
    program because Brooks did not exhaust his grievance to the final level of review
    and he did not demonstrate that administrative remedies were effectively
    unavailable to him. See Woodford v. Ngo, 
    548 U.S. 81
    , 85, 93-95 (2006) (holding
    that “proper exhaustion” is mandatory and requires adherence to administrative
    procedural rules); Sapp v. Kimbrell, 
    623 F.3d 813
    , 823-24 (9th Cir. 2010)
    (describing limited circumstances under which administrative remedies are deemed
    unavailable or exhaustion is excused). Moreover, Brooks failed to exhaust his
    administrative remedies as to the alleged retaliatory placement in administrative
    segregation because he did not file a grievance regarding these allegations. See
    Woodford, 
    548 U.S. at 93-95
    .
    All pending motions are denied.
    AFFIRMED.
    2                                     13-17485
    

Document Info

Docket Number: 13-17485

Citation Numbers: 586 F. App'x 353

Filed Date: 12/3/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023