Floyd Smith v. J. Woodford , 398 F. App'x 243 ( 2010 )

FILED
NOT FOR PUBLICATION OCT 04 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FLOYD SMITH, AKA Raylon Macon, No. 09-15958
Plaintiff - Appellant, D.C. No. 5:04-cv-04793-RMW
v.
MEMORANDUM *
J. S. WOODFORD; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Ronald M. Whyte, District Judge, Presiding
Submitted September 22, 2010 **
Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
The record does not support the district court’s determination that Floyd
Smith (“Smith”) failed to exhaust his claim that defendants engaged in a pattern of
sexual orientation harassment and discrimination against him. Smith’s grievance,
which he fully exhausted administrative procedures, specifically alleged that
*
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).
misconduct by staff had been ongoing for five to six months, and requested the
removal of all officers who violated the prison’s policy on conduct and respect.
The prison’s responses to Smith’s grievance pointed out that he alleged that this
type of misconduct had been ongoing for months, which demonstrates that the
prison was on notice of his claims and had the opportunity to address them. See
Griffin v. Arpaio, 557 F.3d 1117, 1120 (9th Cir. 2009) (the primary purpose of a
grievance is to alert the prison to a problem and facilitate its resolution, and a
grievance suffices if it alerts the prison to the nature of the wrong for which redress
is sought). Accordingly, we reverse and remand for further proceedings.
We do not consider other matters not specifically and distinctly raised and
argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir.
2009) (per curiam).
Smith’s motion for default judgment is denied.
Smith shall bear his own costs on appeal.
REVERSED and REMANDED.
2 09-15958